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33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  IVIicroreproductions  /  Institut  canadien  de  microreprodiictions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 


Coloured  covers/ 
Couverture  de  cou!Cwr 


I      I    Covers  damaged/ 


Couverture  endommagie 

Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pelliculie 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gdographiques  en  couleur 


□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


n7~l    Tight  binding  may  cause  shadows  or  distortion 
Il2J    along  interim   margin/ 


La  re  liure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Commentaires  suppldmentpires: 


L'institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thcrl^  normale  de  filmage 
sont  indiquAs  ci-dessous. 


□ 


^ 


n 


□ 
n 

n 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommag6es 

Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pellicul^es 

Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolories,  tachetdes  ou  piqu6es 

Pages  detached/ 
Pages  ddtachdes 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  indgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  matdriel  suppldmentaire 

Only  edition  available/ 
Seule  Mition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  A  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  f>*m6  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


32X 


Th«  copy  filmed  h«r«  has  b—n  r«produc«d  thanks 
to  tha  ganarosity  of: 

University  of  British  Columbia  Library 


L'axamplaira  filmA  fut  raproduit  grAca  k  Is 
g^nArosltA  da: 

University  of  British  Columbia  Library 


Tha  Imagas  appaaring  hara  ara  tha  bast  quality 
possibia  consldaring  tha  condition  and  laglblllty 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacifications. 


Las  Imagas  suivantas  ont  AtA  raprodultas  avac  la 
plus  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattatA  da  l'axamplaira  filmA.  at  an 
conformity  avac  las  conditions  du  contrat  da 
filmaga. 


Original  copias  In  printad  papar  covers  ara  fllmad 
beginning  with  tha  front  covar  and  ending  on 
tha  latt  page  with  a  printed  or  illustrated  Impres- 
sion, or  the  back  covar  when  appropriate.  Ail 
other  original  copias  are  filmed  beginning  on  the 
first  page  with  a  printad  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »>  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Les  exempiairas  orlginaux  dont  la  couverture  en 
papier  est  imprimis  sont  fllm6s  en  commenpant 
par  \f  premier  plat  at  en  terminant  soit  par  la 
darniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'iliustratlon,  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autres  exemplaires 
orlginaux  sont  filmAs  en  commen^ant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'iliustratlon  at  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  apparaitra  sur  la 
darnlAre  image  de  cheque  microfiche,  selon  le 
cas:  ie  symbols  -*•  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  cherts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hend  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmte  A  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
raproduit  en  un  saui  clichA.  ii  est  filmA  d  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bas.  e.i  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  ia  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

DE 


4i 

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WIT 


GEO 

A 


DEMOCRACY  IN  AMERICA. 


BY 


ALEXIS  DE  TOCQUEVILLE, 

AVOCAT    A    LA    COVll    KOYALE    DE    PARIS, 
ETC.,  ETC. 


jL      <—      WU^oH.T      ^..^i\\ 


TRANSLATED    BY 


ipi[RY  REjEVE,  Esa. 

WITH   AN   ORIGINAL   PllE  FACE"  AND    NOTES- 


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Kl* 


BYJOHNC.SPENCEK, 
counb<lllou  at  la\vv 


NEW  YORK: 

GEORGE  DEARBORN  &  CO.,  38  GOLD  STREET, 
ADLARD  AND  SAUNDERS,  46  BROADWAY. 


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Entered  according  to  the  Act  of  Congress,  in  the  yesr  1838,  by 
GEO.     UK  A  n  11  (>  n  N    it   V  o  . 
In  tlio  Clerk's  Office  of  the  District  Court  of  the  United  Staica,  for  the  Southern 

District  of  New  York. 


WEW  tork: 
CRAIGHEAD   AND    ALLEN,    PRINTERS, 

NO.   112  FULTON-STKEET. 


■# 


':*•- 


PREFACE  TO  THE  AMERICAN  EDITION. 


The  following  work  of  M.  De  Tocqueville,  has  attracted  great 
attention  throughout  Europe,  where  it  is  universally  regarded  as  a 
sound,  philosophical,  impartial  and  remarkably  clear  and  distinct 
view  of  our  political  institutions,  and  of  our  manners,  opinions  and 
habits,  as  influencing  or  influenced  by  those  institutions.  Writers, 
reviewers  and  statesmen  of  all  parties  have  united  in  the  highest 
coltmeplations  of  its  ability  and  integi'ity.  The  people  described 
by  a  work  of  such  a  character,  should  not  be  the  only  one  in 
Christendom  xxnacciuainted  with  its  contents.  At  least  so  thought 
many  of  our  most  distinguished  men  who  have  urged  the  publishers 
of  this  edition,  to  reprint  the  work  and  present  it  to  the  American 
liublic.  They  have  done  so  in  the  hope  of  pi'omoting  among  their 
countiymen  a  more  thorough  knowledge  of  their  frames  of  govern- 
ment, and  a  more  just  appreciation  of  the  great  principles  on  which 
they  are  founded. 

But  it  seemed  to  them,  that  a  reprint  in  America  of  the  views  of 
an  author  so  well  entitled  to  regard  and  confidence,  without  any 
correction  of  the  few  errors  or  mistakes  that  might  be  found,  would 
be  in  effect  to  give  authenticity  to  the  whole  work,  and  that  foreign 
readers  especially,  would  consider  silence  under  such  circumstances 
as  strong  evidence  of  the  accuracy  of  its  statements.  The  preface 
to  the  English  edition,  too,  was  not  adapted  to  this  country,  having 
been  written,  as  it  would  seem,  in  reference  to  the  political  questions 
which  agitate  Great  Britain.  The  publishers  therefore  applied  to 
the  writer  of  this,  to  furnish  them  with  a  short  preface  and  such 
notes  upon  the  text  as  might  appear  necessaiy  to  correct  any 
eiToneous  impressions.  Having  had  the  hono^/tef  a  personal 
acquaintance  with  M.  De  Tocqueville,  while  he  was  in  this  coun- 
i 


? 

A 


i»- 


SI 


■i      • 


iv 


ti-y,  having  tliscussed  with  him  many  of  the  topics  treated  of  in 
this  book,  having  entered  deeply  into  the  feelings  and  sentiments 
which  guided  and  ini})elled  him  in  his  task,  and  having  formed  a 
high  admiration  of  his  character  and  of  thia  production,  the  writer 
felt  under  some  obligation  to  aid  in  procuring  for  one  whom  he 
ventures  to  call  his  friend,  a  hearing  from  those  who  were  the  sub- 
jects of  his  observations.  These  circumstances  furnish  to  his  own 
mind  an  ajiology  for  undertaking,  what  no  one  seemed  willing  to 
attempt,  notwithstanding  his  want  of  practice  in  literary  composi- 
tion, and  notwithstanding  the  impediments  of  professional  avoca- 
tions constantly  recurring  and  interrupting  that  strict  and  continu- 
ed examination  of  the  work,  which  became  necessary,  as  well  to 
detect  any  eiTors  of  the  author,  as  any  misunderstanding  or  mis- 
representation of  his  meaning  by  his  translator.  If  the  same  cir- 
cumstances will  atone  in  the  least  for  the  imperfections  of  what 
the  editor  has  contributed  to  this  edition,  and  will  serve  to  miti- 
gate the  severity  of  judgment  upon  those  contributions,  it  is  all  lie 
can  hope  or  ask. 

The  ?totes,  which  will  be  found  at  the  end  of  the  volume,  aio 
confined,  with  very  few  exceptions,  to  the  correction  of  what  ap- 
peared to  be  misapprehensions  of  the  author  in  regard  to  somo 
matters  of  fact  or  some  principles  of  law,  and  to  explaining  his 
meaning  where  the  translator  had  misconceived  it.  For  the  latter 
purpose,  the  original  was  consulted ;  and  it  aflbrds  gi*eat  pleasure 
to  bear  witness  to  the  general  fidelity  with  which  Mr.  Reeve  has 
transferred  the  author's  ideas  from  French  into  English.  He  has 
not  been  a  literal  translator,  and  this  has  been  the  cause  of  the 
very  few  errors  which  have  been  discovered :  but  he  has  been 
more  and  better:  he  has  caught  the  spirit  of  Mr.  De  Tocqueville, 
has  understood  the  sentiment  he  meant  to  express,  and  has  clothed 
it  in  the  language  which  Mr.  De  T.  would  have  himself  used,  had 
he  possessed  equal  faculty  in  writing  the  English  language. 

There  should  have  been  references  in  the  body  of  the  work,  to 
the  notes:  but  circumstances  beyond  control  prevented.  They 
are  so  few,  however,  that  no  great  inconvenience  will  result  from 
reading  them  detached  from  the  subjects  to  which  they  relate. 

Being  confined  to  the  objects  before  mentioned,  the  reader  will 


!L' 


tiot  find  any  comments  on  the  theoretical  views  of  our  author.  He 
has  tliscussotl  many  subjects  on  which  very  different  opinions  are 
^entertained  in  tlie  United  States,  but  with  an  ability,  a  cando^mid 
an  evident  devotion  to  the  cause  of  truth,  which  will  commend  his 
views  to  those  who  most  radically  dissent  from  them.  Indeed, 
readers  of  the  most  discordant  opini(ms  will  find  that  he  frequently 
agrees  with  l>otli  sides,  and  as  frequently  differs  from  them.  As 
an  instance,  his  remarks  on  slavery  will  not  Ik;  found  to  coincide 
throughout,  either  with  abolitionists  or  with  slaveholders :  but  they 
will  bo  found  to  present  a  masterly  view  of  a  most  perplexing  and 
interesting  subject,  which  seems  to  cover  die  whole  ground  and  to 
lead  to  the  melancholy  conclusion  of  the  utter  imp otency  of  human 
effort  to  eradicate  this  acknowledged  evil.  But  on  this,  and  on  the 
various  topics  of  the  deepest  interest  which  are  discussed  in  this 
•work,  it  was  thought  that  the  American  readers  would  be  fully 
competent  to  form  their  own  opinions,  and  to  detect  any  errors  of 
the  author,  if  such  there  are,  without  any  attempt  by  the  present 
editor,  to  enlighten  them.  At  all  events,  it  is  to  be  hoped,  that  the 
citizens  of  the  United  States  will  patiently  read  and  candidly  con- 
sider the  views  of  this  accomplished  foreigner,  however  hostile  they 
may  be  to  their  own  pre-conceived  opinions  or  prejudices.  ^  He 
says, — "  there  arc  certain  truths  which  Americans  can  only  learn 
from  strangers,  or  from  experience,"  Let  us,  then,  at  least  listen 
to  one  who  admires  us  and  our  institutions,  and  whose  complaints, 
wlien  he  makes  any,  are,  that  we  have  not  jx^rfected  our  own  glo- 
rious plans,  and  that  there  are  some  things  yet  to  be  amended. 
We  shall  thus  fumi.sh  a  practical  proof,  that  ])ublic  opinion  in  this 
•country  is  not  so  intolerant  as  the  author  may  be  understood  to  re- 
present it.  Hov\'cver  mistaken  he  may  be,  his  manly  appeal  to  our 
-understandings  and  to  our  consciences,  should  at  least  bo  heard. 
*'  If  ever,  (he  says,)  these  lines  arc  read  in  America,  I  am  well  as- 
sured of  two  things  :  in  the  first  place,  that  all  who  peruse  them 
will  raise  their  voice  to  condemn  me  :  and  in  the  second  place,  that 
very  many  of  them  will  acquit  me  at  the  bottom  of  their  con- 
science." He  is  writing  on  that  very  sore  subject,  the  tyranny  of 
public  opinion  in  the  United  States. 

Fully  to  comprehend  the  scope  of  the  present  work,  the  author's 


p 


t> 


"^ 


Hi 


vi 


motive  and  olijcct  in  propnrinjT  it,  should  ho  distinctly  kept  in  view. 
Ho  has  not  written  for  America,  but  for  Franct?.     "  It  was  not, 

t 

then,  merely  to  satisfy  a  le<ritimate  curiosity,  (he  says,)  that  I  have 
examhied  America  :  my  wish  has  becm  to  find  instruction  by  which 
we  mio-ht  ourselves  profit."     "  I  sinit^ht  the  imagt^  of  democracy 
itself  with  its  inclinations,  its  chai'acter,  its  prejudices,  and  its  pas- 
sions, in  (»rder  to  learn  wlat  nr  have  to  hope;  or  f«'i.r  from  its  }n'0- 
gress."     He  thinks  that  the  pnnci])le  of  dcMnocracy  has  sprung  into 
new  life  throughout  Em'ope,  and  jiarticuliirly  in  Frnnce,  and  that 
it  is  advancing  with  a  firm  and  steady  mnrch  to  the  control  of  all 
civilized  governments.     In  his  own  country,  he  had  seen  a  recent 
attcni2)t  to  rcpre.ss  its  energies  within  due  bounds,  and  to  prevent 
the  consequences  of  its  excesses.     And  it  seems  to  be  a  main  object 
with  him,  to  ascertain  whether  these  boinids  can  be  relied  upon, 
whether  the  dykes  and  embiinkmenta  of  human  conl  'vance  can 
keep  within   iuiy   appointed    channel,   this    mighty   and   majestic 
stream.     Cl'ving  the  fullest  confidence  to  his  declaration,  that  his 
book  "  is  written  to  favor  no  particular  views,  and  with  no  design 
of  serving  or  attacking  any  party,"  it  is  yet  evident  that  his  mind 
has  been  very  open  to  receive  mipressions  unfavorable  to  the  a<I- 
mission  into  France  of  tlu;  unbounded  and  unlimited  democracy 
which  reigns  in  these  United  States.     A  knowledge  of  this  inclina- 
tion of  his  mind,  will  necessarily  induce  sonie  caution  in  his  readers 
while  perusing  those  parts  of  the  work   which  treat  of  the  effects 
of  our  democracy  ujion  the  stability  of  our  government  and  its  ad- 
ministration.     While   the  views   of    the    author   resjiecting  the 
application  of  the  democratic  ])rinci]ile  in  the  extent  that  it  exerts 
with  us,  to  the  institut'ins  of  France,  or  to  any  of  the  European 
nations,  are  of  the  utmost  importance  to  the  jieople  and  statesmen 
of  those  countries,  llicy  are  s(  iircely  less  entitled  to  the  attention 
of  Americans,     He  has  exhibited,  with  admiralile  skill,  the  causes 
and  circumstances  which  prepared  our  f(»refathei's,  gradually,  for 
the  enjoyment  of  free  institutions,  and  which  enabled  them  to  sus- 
tain, without  abusing,  the  utmost  liberty  that  was  ever  trnjoyed  by 
any  people.     In  tracing  these  causes,  in  examining  how  far  they 
continue  to  influence  our  conduct,  manners,  and  opinions,  and  in 
Bearching  for  the  means  of  preventing  their  decay  or  destruction, 


vu 


' 


the  intelHjTont  Amrvicnn  reader  will  find  nv*  better  guide  than 
M.  Dk  Tocquevilm',. 

Fresh  from  the  scenes  of  the  "throe  days"  revolution  in  France, 
the  author  came  amnn<r  us  to  ohserve  carefully  and  critically  the 
operation  of  the  new  principli   on  which  thu  happiiujss  (jf  his  ccmu- 
try,  iind  as  he  seems  to  believe,  tlie  destinii'S  of  the  civilized  world 
de2)end.     Filled  with  the  love  of  liberty  but  renu'inberhig  the  atro- 
cities which  in  its  name  had  been  committed  umler  former  dynasties, 
at  home,  he  sou'jrht  to  discover  the  means  bv  which  it  was  reffulated 
in  Amei'ica  and  reconciled  with  social  order.     By  his  laborious 
investigauons,  and  minute  observations  of  the  history  of  the  settle- 
ment of  the  country,  and  of  its  progress  through  the  colonial  state 
to  iiulependence,  he  fimnd  the  object  of  hisiiupiiry  in  the  manners, 
habits  and  opinions  of  a  peoph?  who  had  been  gi'adually  prepan.'d 
by  a  long  c(«urse  of  peculiar  circumstances  aiul  by  their  local  posi- 
tiou,  fcu"  self-govermueut :  and  he  has  explained,  with  a  pencil  of 
light,  the  mystcny  that  has  ballU'd  Eurf)peans,  and  perplexed  Ame- 
vicinis.     He  exhibits  us,  in  our  present  condition,  a  new  and,  to 
Eiuopeans,  a  strange  people.     His  views  of  our  political  institu- 
tions are  more  gi'ueral,  comprehensive,  and  philosophic,  than  have 
been  })resenti;d  by  any  writcu",  domestic  or  foreign.     He  has  traced 
them  from  their  source,  democracy — the  j)ower  of  the  people — and 
has  steadily  pursued  this  foundation-principle  in  all  its  t()rms  and 
modifications, — in  tlu;  frame  of  our  govenunents,  in  their  adminis- 
tration by  the  ditl'erent  executives,  in  our  legislation,  in  the  arrange- 
ment of  oui' judiciiiry,  in  our  manners,  in  religion,  in  the  freedom  and 
licentiausness  of  the  press,  in  the  iniluence  t)f  pid)lic  opinion,  and 
in  various  subtle  recesses,  where  its  existence  was  scarcely  suspect- 
ed.    In  all  these,  he  analyses  and  dissects  the  tendencies  of  demo- 
cracy, heartily  apjdauds  where  he  can,  and  fiiithfully  and  independent 
ly  gives  warning  of  dangers  that  he  foresees.     No  one  can  read  the 
results  of  his  observations,  without  better  and  clearer  perceptions 
of  the  structure  f)f  our  governments,  of  the  gi'eat  pillars  on  which 
they  rest,  and  of  the  dangers  to  which  they  are  exposed  :  nor  with- 
out a  more  jn-ofoimd  and  more  intelligent  admiration  of  the  har- 
mony and  beatity  of  their  formation,  and  of  the  safeguards  provided 
for  preserving  and  transmitting  them  to  a  distant  posterity.     The 


/ 


I) 

'1  II 

f'1 


l»' 


via 


^* 


$1 


1 


more  that  general  and  imlcfinito  notions  of  our  own  liberty,  great* 
nesa,  happincHS,  Sec,  arc  made  to  give  place  to  precise  and  accurate 
knowledge  of  the  true  merits  of  our  institutions,  the  peculiar  objects 
they  are  cahuhited  to  attain  or  promote,  and  the  means  provided 
for  that  ])urpose,  the  better  will  every  citizen  be  enabled  to  dis- 
charge his  great  political  duty  of  guarding  those  means  against  the 
ftp2)roach  of  corruption,  and  of  sustaining  them  against  the  violence 
of  party  commotions.     No  foreigner  has  ever  exhibited  such  a 
deep,  clear,  and  coi-Tect  insight  of  the  machinery  of  our  complicated 
systems  of  Federal  and  State  governments.     The  most  intelligent 
Europeans  are  confounded  with  our  imjfcrium  in  imjjerio;  and 
their  constant  wonder  is,  that  these  systems  are  not  continually 
jostling  each  other.     M.  De  Tocqukvili.e  has  clearly  perceived, 
and  traced  correctly  and  distinctly,  the  orbits  in  which  they  move, 
and  has  described  or  rather  defined  our  Federal  govc-mment,  with 
.-an  accurate  precision,  imsurpasscd  even   by  any  American  pen. 
There  is  no  citizen  of  this  country  who  will  not  dcn-ive  instruction 
from  our  author's  account  of  our  national  government,  or,  at  least, 
who  will  not  find  his  own  ideas  systematized  and  rendered  more 
fixed  and  precise  by  the  perusal  of  that  account. 

Among  other  subjects  discussed  by  the  author,  that  of  the  poli- 
tical influence  of  the  institution  of  trial  by  jury,  is  one  of  the  most 
curious  and  interesting.  lie  has  certainly  jiresentcd  it  in  a  light 
entirely  new,  and  as  injjjortant  as  it  is  new.  It  may  be  that  he  has 
exaggerated  its  influence  as  "  a  gratuitous  public  school"  :  but  if 
he  has,  it  will  be  readily  forgiven. 

His  views  of  religion  as  connected  with  patiiotism,  in  other 
words  with  the  democratic  principle,  which  he  st(;adily  keeps  in 
view,  arc  conceived  in  the  noblest  spirit  of  j)lnlanthroj)y,  and  can- 
not fail  to  confinn  the  principles  already  so  thoroughly  and  uni- 
versally entertained  by  the  American  people.  And  no  one  can 
read  his  observations  on  the  union  of  "  Church  and  State"  without 
a  feeling  of  deep  giatitude  to  the  founders  of  our  govornment,  for 
saving  us  from  such  a  prolific  source  of  evil. 

These  allusions  to  topics  that  have  interested  the  writer,  are  not 
intended  as  an  enumeration  of  the  various  subjects  which  will  ar- 
rest the  attention  of  the  American  reader.     They  have  been  men- 


tion 
feasi 
It 
of  tl 
beei 
have 
can 
worl 
com 
are  i 


IX 

tinned  rather  with  a  view  of  exciting  an  appetite  for  the  whole 
feast,  than  as  exhibitinjr  the  choice  dainties  which  cover  the  board. 
It  remains  only  to  observe,  that  in  this  edition  the  Constitntions 
of  the  United  States  and  of  the  State  of  New  York,  which  had 
been  published  at  large  in  the  original  and  in  the  English  edition, 
have  been  omitted,  as  they  are  documents  to  which  every  Ameri- 
can reader  has  access.  The  map  which  the  author  aruiexed  to  his 
work,  has  also  been  omitted,  as  being  of  little  or  no  use  in  this 
country,  where  those  which  arc  much  more  full  and  more  accurate, 
axe  in  the  hands  of  every  one. 
Ajn-il,  183S. 


r 

5)5 

f 


Hi 


m 


i 


INTRODUCTION. 


Amongst  the 'novel  objects  tl-at  attracted  my  attention  during 
my  stay  in  the  United  States,  nothing  struck  me  more  forcibly 
than  the  general  equality  of  conditions.  I  readily  discovered  the 
prodigious  influence  which  this  primary  fact  exercises  on  the 
whole  course  of  society,  by  giving  a  certain  direction  to  public 
opinion,  and  a  certain  tenor  to  the  laws;  by  imparting  new  maxims 
to  the  governing  powers,  and  peculiar  habits  to  the  governed. 

I  s])(!odily  perceived  that  the  influence  of  this  fact  extends  far 
beyond  the  political  character  and  the  laws  of  the  country,  and  that 
it  has  no  less  empire  over  civil  society  than  over  the  Government; 
it  creates  opinions,  tnigenders  sentinrents,  suggests  the  ordinary 
practices  of  life,  and  modifles  whatever  it  does  not  produce. 

The  more  I  advanced  in  the  study  of  American  society,  the 
more  I  perceived  that  the  (Mjuality  of  conditions  is  the  fundamental 
fact  from  which  all  others  seem  to  be  derived,  and  the  central  point 
at  which  all  my  observations  constantly  terminated. 

I  then  turned  my  thoughts  to  our  own  hemisphere,  where  I 
imagined  that  I  discerned  something  analogous  to  the  spectacle 
which  the  New  AV^orld  presented  to  me.  1  observed  that  the 
equality  of  conditions  is  daily  progressing  towards  those  extreme 
limits  which  it  seems  to  have  reached  in  the  United  States ;  and 
that  the  democracy  which  governs  the  Ameiican  communities  ap- 
pears to  be  ra})idly  rising  into  power  in  Europe. 

I  hence  conceived  the  idea  of  the  book  which  is  now  before  the 
reader. 

It  is  evident  to  all  alike  that  a  gi'eat  democratic  revolution  is 
going  on  amongst  us  ;  but  there  are  two  opinions  as  to  its  nature  and 
consequences.  To  some  it  appears  to  be  a  novel  accident,  which 
11 


XII 


as  such  may  still  be  checked ;  to  others  it  seems  irresistible,  be- 
cause it  is  the  most  uniform,  the  most  ancient,  and  the  most  perma- 
nent tendency  which  is  to  be  found  in  history. 

Let  us  recollect  the  situation  of  France  seven  hundred  years 
ago,  when  the  territory  was  divided  amongst  a  small  number  of 
families,  who  were  the  owners  of  the  soil  and  the  rulers  of  the  in- 
habitants ;  the  right  of  governing  descended  with  the  family  inherit- 
ance from  generation  to  generation ;  force  was  the  only  means  by 
which  man  could  act  on  man ;  and  landed  property  was  the  sole 
source  of  power. 

Soon,  however,  the  political  power  of  the  clergy  was  founded, 
and  began  to  exert  itself;  the  clergy  opened  its  ranks  to  all  classes, 
to  the  poor  and  the  rich,  the  villain  and  the  lord;  equality  pene- 
ti'ated  into  the  Government  through  the  Church,  and  the  being 
who  as  a  serf  must  have  vegetated  in  perpetiud  bondage,  took  his 
place  as  a  priest  in  the  midst  of  nobles,  and  not  unfivquently  above 
the  heads  of  kings. 

The  different  relations  of  men  became  more  complicated  and 
more  numerous  as  society  gradually  became  more  stable  and 
moie  civilized.  Thence  the  want  of  civil  laws  was  felt;  and  the 
order  of  legal  functionaries  soon  rose  from  the  obscurity  of  the  tribu- 
nals and  their  dusty  chambers,  to  a])pear  at  the  court  of  the  mo- 
narch, by  the  side  of  the  feudal  barons  in  their  ermine  and  their 
mail. 

Whilst  the  kings  were  ruining  themselves  by  their  great  enter- 
prises, and  the  nobles  exhausting  their  resources  by  private  wars, 
the  lower  orders  were  enriching  themselves  by  commerce.  The 
influence  of  money  began  to  be  perceptible  in  State  attiiirs.  The 
transactions  of  business  opened  a  new  road  to  power,  and  the 
financier  rose  to  a  station  of  political  influence  in  which  he  was  at 
once  flattered  and  despised. 

Gradually  the  spread  of  mental  acquirements,  and  the  increas- 
ing taste  for  literature  and  art,  opened  chances  of  success  to  talent ; 
science  became  the  means  of  govenmient,  intelligence  led  to  social 
power,  and  the  man  of  letters  took  a  part  hi  tlu^  affairs  of  the  State. 

The  value  attacht;d  to  the  privileges  of  birth  decreased  in  the 
exact  proportion  in  which  new  paths  were  struck  out  to  advance- 


XIII 


e  being 


ment.  In  the  eleventh  centuiy  nobility  was  beyond  all  price ;  in 
the  thirteenth  it  might  be  purchased  ;  it  was  conferred  for  the  first 
time  in  1270  ;  and  equality  was  thus  introduced  into  the  Govern- 
ment by  the  aristocracy  itself. 

In  the  course  of  these  seven  hundred  years,  it  sometimes  hap- 
pened that  in  order  to  resist  the  authority  of  the  Crown,  or  to  di- 
minish the  power  of  their  rivals,  the  nobles  granted  a  certain  share 
of  political  rights  to  the  people.  Or,  more  frequently,  the  king 
permitted  the  lower  orders  to  enjoy  a  degi-ee  of  power,  with  the 
intention  of  repressing  the  aristocracy. 

In  France  the  kings  have  always  been  the  most  active  and  the 
most  constant  of  levellers.  When  they  were  strong  and  ambitious, 
they  apai'cd  no  pains  to  raise  the  people  to  the  level  of  the  nobles  ; 
when  they  were  temperate  or  weak,  they  allowed  the  people  to 
rise  above  themselves.  Some  assisted  the  democracy  by  their 
talents,  others  by  their  vices.  Louis  XI.  and  Louis  XIV.  reduced 
every  rank  beneath  the  throne  to  the  same  subjection ;  Louis  XV. 
descended,  himself  and  all  his  Court,  into  the  dust. 

As  soon  as  land  was  held  on  any  other  than  a  feudal  tenure,  and 
personal  pi'operty  began  in  its  turn  to  co..fer  influence  and  power, 
every  improvement  which  was  introduced  in  commerce  or  manu- 
facture was  a  fresh  element  of  the  equality  of  conditions.  Hence- 
forward every  new  discovery,  every  new  want  wliich  it  engendei'- 
ed,  and  every  new  desire  which  craved  satisfaction,  was  a  step  to- 
wards the  universal  level.  The  taste  for  luxury,  the  love  of  war, 
the  sway  of  fasliion,  the  most  superficial  as  well  as  the  deepest  pas- 
sions of  the  human  heart,  co-operated  to  enrich  the  poor  and  to 
impoverish  the  rich. 

From  the  time  when  the  exercise  of  the  intellect  became  the 
souice  of  strength  and  of  wealth,  it  is  impossible  not  to  consider 
every  addition  to  sciejice,  every  fresh  truth,  and  every  new  idea  as 
a  germ  of  power  placed  within  the  reach  of  the  people.  Poetiy, 
elofpienct;  and  memory,  the  grace  of  wit,  the  glow  of  imagination, 
tlie  depth  of  thought,  and  all  the  gifts  which  are  bestowed  by  Pro- 
vidence with  an  ecjual  hand,  turned  to  the  advantage  of  the  demo- 
cracy ;  and  even  when  they  were  in  the  possession  of  its  adversa- 
ries, they  still  served  its  cause  by  throwing  into  relief  the  natural 


I'  1 


XlV 


Iji 

I  ill 


greatness  of  man ;  its  conquests  spread,  therefore,  with  those  of 
civilization  and  knowledge;  and  literature  became  an  arsenaj, 
where  the  poorest  and  weakest  could  always  find  weapons  to  their 
hand. 

In  perusing  the  pages  of  our  history,  we  shall  scarcely  meet  with 
a  single  great  event,  in  the  lapse  of  seven  hundred  years,  which 
has  not  turned  to  the  advantage  of  equality. 

The  Crusades  and  the  wars  of  the  English  decimated  the  nobles 
and  divided  their  possessions :  the  erection  of  communes  introduced 
an  element  of  democratic  liberty  into  the  bosom  of  feudal  mo- 
narchy; the  invention  of  fire-aiTOs  equalized  the  villain  and  the  no- 
ble on  the  field  of  battle ;  printing  opened  the  same  resources  to 
the  minds  of  all  classes;  the  post  was  organized  so  as  to  bring  the 
same  information  to  the  door  of  the  poor  man's  cottage,  and  to  the 
gate  of  the  palace ;  and  Protestantism  proclaimed  that  all  men 
are  alike  able  to  find  the  road  to  heaven.  The  discovery  of  Ame- 
rica offered  a  thousand  new  paths  to  fortune,  and  placed  riches  and 
power  within  the  reacirof  the  adventurous  and  the  obscure. 

If  we  examine  what  has  happened  in  France  at  intervals  of  fifty 
years,  beginning  with  the  eleventh  century,  we  shall  invariably  per- 
ceive that  a  twofold  revolution  has  taken  place  in  the  state  of  so- 
ciety. The  noble  has  gone  down  on  the  social  ladder,  and  the 
roturicr  has  gone  up;  the  one  descends  as  the  other  rises.  Every 
half-century  brings  them  nearer  to  each  other,  and  they  will  very 
shortly  meet. 

Nor  is  this  pha?nomenon  at  all  peculiar  to  France.  Whitherso- 
ever we  turn  our  eyes  we  shall  witness  the  same  ccmtinual  revolu- 
tion throughout  the  whole  of  Christendom. 

The  vaiious  occuiTences  of  national  existence  have  everywhere 
turned  to  the  advantage  of  democracy ;  all  men  have  aided  it  by 
their  exertions:  those  who  have  intentionally •iui.ujrotl' in  its  cause, 
and  those  who  have  served  it  unwittingly  ;  tnose  win  irave  fi)ught 
for  it,  and  those  who  have  declared  themselves  its  opjianents, — have 
all  been  driven  along  in  the  same  track,  have  all  i«Jk)red  to  one 
end,  some  ignorantly  and  some  unwillingly;  all  have  been  blind 
instr".ments  in  the  hands  of  God. 

The  gradual  development  of  the  equality  of  conditions  is  there- 


XV 


lose  of 
irsenaj, 
to  their 

let  with 
,  which 

J  nobles 
L-oduced 
dal  mo- 
the  no- 
urces  to 
ring  the 
A  to  the 
all  men 
)f  Ame- 
;hcs  and 

s  of  fifty 
ihly  per- 
:c  of  so- 

ind  the 
Every 

ill  very 

litherso- 
revolu- 

•y  where 
ed  it  hy 
s  cause, 

fought 
, — have 

to  one 
en  blind 

is  there- 


f(7re  a  providential  fact,  and  it  possesses  all  the  characteristics  of 
a  Divine  decree :  it  is  universal,  it  is  durable,  it  constantly  eludes 
all  human  interference,  and  all  events  as  well  as  all  men  contribute 
to  its  jjrogress. 
ii  Would  it,  then,  be  wise  to  imagine  that  a  social  impulse  which 
dates  from  so  far  back,  can  be  checked  by  the  efforts  of  a  genera- 
tion 1  Is  it  credible  that  the  democracy  which  has  annihilated  the 
feudal  system  and  vanquished  kings,  will  respect  the  citizen  and 
the  cajiitalist  ?  Will  it  stop  now  that  it  is  grown  so  strong,  and  its 
adversaries  so  weak  1 

None  can  say  which  way  we  are  going,  for  all  terms  of  compari- 
son are  wanting :  the  equality  of  conditions  is  more  complete  in  the 
f;      Christian  countries  of  the  present  day,  than  it  has  been  at  any  time, 
or  in  any  part  of  the  world;  so  that  the  extent  of  what  already 
'      exists  prevents  us  from  foreseeing  what  may  be  yet  to  come. 
a  The  whole  book  which  is  here  offered  to  the  public  has  been 

written  under  the  impression  of  a  kind  of  religious  dread  j^roduced 
,J      in  the  author's  mind  by  the  contemplation  of  so  irresistible  a  revo- 
lution, which  has  advanced  for  centuries  in  spite  of  such  anjazing 
'       obstacles,  and  which  is  still  proceeding  in  the  midst  of  the  ruins  it 
\      has  made. 

i  It  is  not  necessary  that  God  himself  should  speak  in  order  to  dis- 

j  close  to  us  the  unquestionable  signs  of  his  will ;  we  can  discern 
them  in  the  habitual  course  of  nature,  and  in  the  invaiiable  tendency 
of  events  :  I  know,  without  a  special  revelation,  that  the  2)lanets 
move  in  the  orbits  traced  by  the  Creator's  finger. 

If  the  men  of  our  time  were  led  by  attentive  observation  and  by 
sincere  reflection,  to  acknowledge  that  the  gradual  and  progressive 
development  of  social  equality  is  at  once  the  past  and  future  of 
their  history,  this  solitary  truth  would  confer  the  sacred  character 
of  a  divine  decree  upon  the  change.  To  attempt  to  check  demo- 
cracy would  be  in  that  case  to  resist  the  will  of  God  ;  and  the  na- 
tions would  then  be  constrained  to  make  the  best  of  the  social  lot 
awarded  to  them  by  Providence. 

The  tUiristian  nations  of  our  age  seem  to  me  to  present  a  most 
alarming  spectacle  ;  the  impulse  which  is  bearing  them  along  is  so 
strong  that  it  cannot  be  stopped,  but  it  is  not  yet  so  rapid  that  it 


I') 


xvi 


cannot  be  guided :  their  fate  is  in  their  hands ;  yet  a  little  while 
and  it  may  be  so  no  longer. 

The  first  duty  which  is  at  this  time  imposed  upon  those  who  di- 
rect our  affairs  is  to  educate  the  democracy  ;  to  warm  its  faith,  if 
that  bo  possible  ;  to  purify  its  morals  ;  to  direct  its  energies  ;  to 
substitute  a  knowledge  of  business  for  its  inexperience,  and  an  ac- 
quaintance with  its  tme  interests  for  its  blind  propensities  ;  to  adapt 
its  government  to  time  and  place,  and  to  modify  it  in  compliance 
with  the  occurrences  and  the  actors  of  the  age. 

A  new  science  of  politics  is  indispensable  to  a  new  world. 
This,  however,  is  what  we  think  of  least ;  launched  in  the  middle 
of  a  rapid  stream,  we  obstinately  fix  our  eyes  on  the  ruins  which 
may  still  be  descried  upon  the  shore  we  have  left,  whilst  the  cun-ent 
sweeps  us  along,  and  drives  us  backwards  toward  the  gulf. 

In  no  country  in  Eui'ojie  has  the  great  social  revolution  which  I 
have  been  describing  made  such  rapid  progress  as  in  France ;  but 
it  has  alv.  ays  been  borne  on  by  chance.  The  heads  of  the  State 
have  never  had  any  forethought  f»u'  its  exigencies,  and  its  victones 
have  been  obtained  without  their  consent  or  without  their  know- 
ledge. The  most  powerful,  the  most  intelligent,  and  the  most  moral 
classes  of  the  nation  have  never  attempted  to  connect  themselves 
with  it  in  order  to  guide  it.  The  p«o|)t«  has  consequently  been 
abandoned  to  its  wild  jjropensities,  and  it  has  grown  uj)  like  those 
outcasts  who  receive  their  education  in  the  public  streets,  aad  who 
are  unacquainted  with  aught  but  the  vices  and  wretchedness  of  so- 
ciety. The  existence  of  a  democracy  was  seemingly  unknown, 
when  on  a  sudden  it  took  possess^ion  of  the  supreme  power. 
Everthing  was  then  submitted  to  its  caprices  ;  it  \\as  worshipped 
as  the  idol  of  strength ;  until,  when  it  was  enfeebled  by  its  own 
excesses,  the  legislator  conceived  the  rash  project  of  annihilating 
its  power,  instead  of  instructing  it  and  correcting  its  vices ;  no  at- 
tempt was  made  to  fit  it  to  govern,  but  all  were  bent  on  excluding 
it  from  the  Government. 
/  The  consequence  of  this  has  been  that  the  democratic  revolution 
/  has  been  effected  only  in  the  material  parts  of  society,  without  that 
'  concomitant  change  in  laws,  ideas,  customs  and  manners  which 
waa  necessary  to  render  such  a  revolution  beneficial.    Wc  have 


no  at- 
:luding 


^ 


-rU^a*  ^* 


u^ 


nil       ^'^^^^iU^^^-^^ 

jottcnk  democracy,  but  without  tho  conditions  vvliicli  lessen  its 
vices  and  render  its  natural  advantages  more  prominent ;  and  al- 
though we  already  j>erceive  the  evils  it  brings,  we  are  ignorant  of 
the  benefits  it  may  confer. 

While  the  power  of  the  Crown,  supported  by  the  aristocracy, 
peaceably  governed  the  nations  of  Europe,  society  possessed,  in  the 
midst  of  its  wretchedness,  several  different  advantages  which  can 
now  scarcely  be  appreciated  or  conceived. 
^  The  power  of  a  part  of  his  subjects  was  an  insurmountable  bar- 

•  rier  to  the  tyranny  of  the  prin<;e  ;  and  the  monarch  who  felt  the 
almost  divine  character  whi(;li  lie  enjoyed  in  the  eyes  of  the  multi- 
tude, derived  a  motive  for  the  just  use  of  his  power  from  the  respect 
which  he  inspired. 

High  as  they  were  placed  above  the  people,  the  nobles  could 
not  but  take  that  calm  and  benevolent  interest  in  its  fate  which  the 
shepherd  feels  towards  his  flock  ;  and  without  acknowledging  tho 
poor  as  their  equals,  they  watched  over  the  destiny  of  those  whose 
welfai'o  Providence  had  entrusted  to  their  care. 

The  people,  never  having  conceived  the  idea  of  a  social  condition 
different  from  its  own,  and  entertaining  no  expectation  of  ever  rank- 
ing with  its  chiefs,  received  benefits  from  them  without  discussing 
their  rights.  It  grew  attached  to  them  when  they  were  clement 
and  just,  and  it  submitted  without  resistance  or  servility  to  their 
exactions,  as  to  the  inevitable  visitations  of  the  arm  of  God.  Cus- 
tom, and  the  manners  of  the  time,  had  moreover  created  a  species 
of  law  in  the  midst  of  violence,  and  established  certain  limits  to 
oppression. 

As  the  noble  never  suspected  that  any  one  would  attempt  to  de- 
prive him  of  the  privileges  which  he  believed  to  be  legitimate,  and 
as  the  serf  looked  upon  his  own  inferioiity  as  a  consequence  of  the 
immutable  order  of  nature,  it  is  easy  to  imagine  that  a  mutual  ex- 
change of  good-will  took  place  between  two  classes  so  differently 
gifted  by  fate.  Inccjuality  and  wretchedness  were  then  to  be 
found  in  society ;  but  the  souls  of  neither  rank  of  men  were  de- 
graded. 

Men  are  not  coiTupted  by  the  exercise  of  power  or  debased  by 
the  habit  of  obedience  ;  but  by  the  exercise  of  a  power  which  they 


» 


XV  III 


^ 


believe  to  1)0  i]k\o;al,  aiul  by  obedience  to  a  rule  which  they  coii- 
t-ider  to  bt?  usurped  and  oppressive. 

On  one  side  was  wealth,  strength,  and  leisure,  accomi>anied  by 
the  relinenients  (if  luxury,  the  elegance  of  tast(%  the  pleasures  of 
wit,  and  the  nOigion  of  art.  On  the  other  was  laboDl^nd  a  rndo  i 
icrnorance :  but  in  the  midst  of  this  coarse  and  itjnorant  multitude, 
it  was  not  uncommon  to  meet  with  energetic  passions,  gemu'ous 
sentiments,  profound  religious  convictions,  and  independent  vir- 
tues. 

The  body  of  a  State  thus  organifcd  might  boast  of  its  stability, 
its  power,  and,  above  all,  of  its  glftry. 

Hut  the  scene  is  now  changi-d,  and  gi'adnally  the  two  raidis 
n  ingle  ;  the  divisions  which  once  severed  mankind  are  lowered  ; 
property  is  divided,  pctwer  is  held  in  connnon,  tlu!  light  of  intcdli- 
gence  spreads,  and  the  capacities  of  all  classes  are  equally  cidtiva- 
ted  ;  the  State  becomes  democratic,  and  tlu^  empire  of  democracy 
is  slowly  and  peaceably  introduced  into  the  institutions  and  the 
manners  of  the  nation. 

I  can  conceive  a  society  in  which  all  men  would  profess  an  equal 
attachment  and  respect  for  the  laws  of  which  they  arc  the  common 
authors ;  in  which  the  authority  of  the  State  would  be  respected 
as  necessary,  though  not  as  divine  ;  and  the  loyalty  of  the  subject 
to  the  chief  magistrate  would  not  be  a  passion,  but  a  (piiet  and 
rational  persuasion.  Every  individual  being  in  the  ])ossession  of 
rights  which  ho  is  sure  to  retain,  a  kind  of  manly  reliance  and  re- 
ciprocal courtesy  would  arise  between  all  classes,  alike  removed 
from  pride  and  meamiess. 

The  people,  well  acquainted  with  its  true  interests,  would  allow, 
that  in  order  to  profit  by  the  advantages  of  society,  it  is  necessary 
to  satisfy  its  demands.  In  this  state  of  things,  the  voluntary  asso- 
ciation of  the  citizens  miglit  supply  the  individual  exertions  of  the 
nobles,  and  the  community  would  be  alike  protected  from  anarchy 
and  from  oppression. 

I  admit  that  in  a  democratic  State  thus  constituted  society  will 
not  be  stationary  ;  but  the  impulses  of  the  social  body  may  be  re- 
gulated and  directed  forwards;  if  there  be  less  splendoimjian  in 
the  halls  of  an  aristocracy,  the  contrast  of  misery  will  be  less  frc- 


qucn 
thos( 
jierl 
])etu( 
nutio 
In 
fices 


■) 


XIX 


thoy  con- 

)aiiie(l  by 
asiires  of 
11(1  ci  rudo  • 
nultltutlo, 

JTCIUM'OUS 

ulent  vir- 

stability, 

i\()  nuiks 
lowered ; 
of  intoUi- 
y  cultiva- 
cmocracy 
I   and  the 

an  eqnal 
common 
•espected 
e  sidyect 
niet  and 
ssion  of 
e  and  rc- 
removcd 

Id  allow, 
ccessary 
iry  asso- 
\s  of  the 
anarchy 

iety  will 
y  he  re- 
l^an  in 
less  fre- 


quent also ;  the  pleasm-es  of  enjoyment  may  be  less  excessive,  but 
those  of  comfort  will  be  more  general ;  the  sciences  may  be  less 
perfectly  cultivated,  but  ignorance  will  bo  less  common  ;  the  im- 
petuosity of  the  feelings  will  bo  repressed,  and  the  habits  of  the 
nation  softened  ;  there  will  bo  more  vices  and  fewer  crimes. 

In  the  absence  of  enthusiasm  and  of  an  ardent  faith,  gi'eat  sacri- 
fices may  be  ol)tained  from  the  members  of  a  commonwealth  by  an 
ap])oal  to  their  understandings  and  their  experience  :  each  indivi- 
dual will  feel  the  same  necessity  for  uniting  with  his  fellow-citizens 
to  protect  his  own  weakness ;  and  as  he  knows  that  if  they  are  to 
assist  he  must  co-ojierate,  he  will  readily  perceive  that  his  2)ersonal 
interest  is  identified  with  the  intensst  of  the  community. 

The  nation  taken  as  a  wlioh;,  will  be  less  brilliant,  less  glorious, 
and  perhaps  less  strong;  but  the  majority  of  the  citizens  will  enjoy 
a  greater  degi-ee  of  prosperity,  and  the  people  will  remain  quiet, 
not  because  it  despairs  of  amelioration,  but  because  it  is  conscious 
of  the  advantages  of  its  condition. 

If  all  the  consequences  of  this  state  of  things  wei'c  not  good  or 
useful,  society  would  at  l(!ast  have  appropriated  all  such  as  were 
useful  and  good  ;  and  having  once  and  for  ever  renounced  the  so- 
cial advantages  of  aristocracy,  mankind  would  enter  into  possession 
of  all  the  benefits  which  democracy  can  aflbrd. 

lint  here  it  may  be  asked  what  we  have  adopted  in  the  place  of 
those  institutions,  those  ideas,  and  those  customs  of  our  forefathers 
which  we  have  abanchmed. 

The  spell  of  royalty  is  broken,  but  it  has  not  been  succeeded  by 
the  majesty  of  the  hiws  ;  the  people  has  learned  to  despise  all  au- 
thf^rity,  but  fear  now  extorts  a  larger  tribute  of  obedience  than  that 
which  was  formerly  paid  by  reverence  and  by  love. 

I  perceive  that  we  have  destroyed  those  independent  beings 
which  were  able  to  cope  with  tyranny  single-handed  ;  but  it  is  the 
Government  that  has  inherited  the  privileges  of  which  families,  cor- 
porations, aiul  individuals  have  been  di>prived  ;  the  weakness  of 
the  whole  community  has  therefore  succeeded  to  that  influence  of 
a  small  body  of  citizens,  which,  if  it  was  sometimes  oppressive,  was 
often  conservative. 

The  division  of  property  has  lessened  the  distance  which  sepa- 
iii 


p 


t'»'- 


3CX 


/ 


rated  tlic  rich  from  t\w  poor ;  but  it  would  scu.-m  tlmt  tlio  nearer 
they  draw  to  each  other,  the  greater  is  their  mutual  hatred,  and 
the  more  vehement  the  envy  and  the  dread  with  which  they  resist 
each  other's  chiims  to  power;  the  noti(m  of  [fight  is  alike  insensible 
to  both  classes,  and  Force  affords  to  both  the  oidy  argument  fur  the 
present,  and  the  only  guarantee  for  the  future. 

The  poor  man  retains  tlu;  prejudices  of  his  forefathers  without 
their  fiiith,  and  their  ignorance  without  their  virtues  ;  lu;  has  adopt- 
ed the  doctrine  of  self-interi'st  as  the  rule  of  his  actions,  without 
luiderstanding  the  science  which  controls  it,  and  his  egotism  is  no 
less  blind  than  his  devotedness  was  formerly. 

If  society  is  traufpiil,  it  is  not  because  it  relies  upon  its  strength 
and  its  well-being,  but  becaui^e  it  kiu)ws  its  weakn(;ss  and  its  in- 
firmities :  a  single  effort  nuiy  cost  it  its  '.ife ;  everybody  feels  the 
evil,  but  no  one  has  couriige  or  energy  enough  to  seek  the  cure  ; 
the  desires,  the  regi'et,  the  soiTOws,  and  the  joys  of  the  time  pro- 
duce nothing  that  is  visibli-  or  pi^rmanent,  like  the  passions  of  old 
men  which  terminate  in  impotence. 

We  have,  then,  abandoned  whatever  advantages  the  old  state  of 
things  afforded,  without  receiving  any  comjjensation  from  our  pre- 
sent condition  ;  having  destroyed  an  aristocracy,  we  seem  inclined 
to  survey  its  ruins  with  complacency,  and  to  fix  our  abode  in  the 
midst  of  them. 

The  phaenomena  which  the  intelh'ctual  world  presents  are  not 
less  deplorable.  The  democracy  of  France,  checked  in  its  course 
or  abandoned  to  its  lawless  passions,  has  overthrown  whatever 
crossed  its  path,  and  has  shaken  all  that  it  has  not  destroyed.  Its 
empire  on  society  has  not  been  giadually  introduced,  or  peac-eably 
established,  but  it  has  constantly  advanced  in  the  mid.'it  of  disorder 
and  the  agitation  of  a  conflict.  In  the  heat  of  the  struggle  each 
partisan  is  hunied  beyond  the  limits  of  his  opmions  by  the  opinions 
and  the  excesses  of  his  opponents,  until  he  loses  sight  of  the  end 
of  his  exertions,  and  holds  a  language  which  disguises  his  real  sen- 
timents or  secret  instincts.  Hence  arises  tlie  strange  confusion 
which  we  are  witnessing. 

I  cannot  recall  to  my  mind  a  passage  in  history  more  worthy  of 
sorrow  and  of  pity  than  the  scenes  which  uie  happening  under  our 


i 


xxt 


10  nearer 
It  rod,  and 
lioy  resist 
insensible 
LMit  for  the 

s  without 
lias  adopt- 
s,  without 
(tisiu  is  no 

s  strcncfth 
iiid  its  in- 
I  feels  the 
the  cure  ; 
time  pro- 
ons  of  old 

lid  state  of 
in  our  pre- 
m  inclined 
ode  in  the 

its  are  not 
1  its  course 
1  whatever 
•oyed.  Its 
:  peaceably 
of  disorder 
uggle  each 
lie  opinions 
of  the  end 
is  real  sen- 
!   confusion 

I  worthy  of 
r  under  our 


jpyes;  it  is  as  if  tlie  natural  bond  which  unites  the  opinions  of  man 
to  his  tastes,  and  his  actions  to  his  principles,  was  now  broken  ; 
the  sympathy  wliich  has  always  been  acknowledged  between  the 
feelings  and  the  ideas  of  mankind  appears  to  be  dissolved,  and  all 
the  laws  of  moral  analogy  to  be  abolished. 

Zeahms  Chrislians  may  be  found  amongst  us,  whose  minds  are 
nurtured  in  the  love  and  knowledge  of  a  future  life,  and  who  readi- 
ly esj)ouse  the  cause  of  human  liberty,  as  the  source  of  all  moral 
greatness.  Christianity,  which  has  declared  that  all  men  are  equal 
in  the  sight  of  God,  will  not  refuse  to  acknowledge  that  all  citizens 
are  equal  in  the  eye  of  the  law.  But,  by  a  singular  concourse  of 
civents,  religion  is  entangled  in  those  institutions  which  democracy 
assails,  and  it  is  not  unfie(]uently  brought  to  reject  the  equality  it 
loves,  and  to  curse  that  cause  of  liberty  as  a  foe,  which  it  might 
hallow  by  its  alliiince. 

JJy  the  side  of  these  religious  men  I  discern  others  whose  looks 
are  tuiiied  to  the  earth  more  than  to  heaven  ;  they  are  the  partisans 
of  liberty,  not  only  as  the  source  of  the  noblest  virtues,  but  more 
especially  as  the  root  of  all  solid  advantages ;  and  they  sincerely 
desire  to  extend  its  sway,  and  to  impart  its  blessings  to  mankind. 
It  is  nntural  that  they  should  hasten  to  i^ivoke  the  assistance  of  re- 
ligion, for  they  must  know  that  liberty  cannot  be  established  with- 
out morality,  nor  morality  without  faith;  but  they  have  seen  religion 
ill  the  ranks  of  their  adversaries,  and  they  inquire  no  further;  some 
of  them  attack  it  openly,  and  the  remainder  are  afraid  to  defend  it. 

in  former  ages  slavery  has  been  advocated  by  the  venal  and 
slavish-minded,  whilst  the  iude])endent  and  the  warm-hearted  were 
struggling  without  hope  to  save  the  liberties  of  mankind.  But  men 
of  high  and  generous  characters  are  now  to  be  met  with,  whose 
opiniims  arc  at  variance  with  their  inclinations,  and  who  praise 
that  servility  which  they  have  themselves  never  known.  Others, 
on  the  contrary,  speak  in  the  name  of  liberty,  as  if  they  were  able 
to  feel  its  sanctity  and  its  majesty,  and  loudly  claim  for  humanity 
those  rights  which  they  have  always  disowned. 

There  are  virtuous  and  peaceful  individuals  whose  pure  morality, 
quiet  habits,  affluence,  and  talents  fit  them  to  be  the  leaders  of  the 
surrounding  population  ;  their  love  of  their  country  is  sincere,  and 


u 

f. 
IM 


XMi 


lliijy  uro  |)ro])iir('(l  to  mnkv  tlio  i^rciitcst,  sncrinccs  to  its  wt'lfiiro, 
but  they  confomul  tlu^  ahii.sr.s  of  civiliziitioii  witli  its  Ix^nt'tits,  niid 
the  idea  of  evil  is  insrj)anil)lu  in  tliuir  minds  from  that  of  iiov(*lty. 

Not  f;ir  from  this  clnsfl  is  aiiothor  party,  whoso  object  is  to  ma- 
toiialifc!  iiiJiiikiiid,  to  hit  ii])on  what  is  cxjx'dient  without  heeding 
what  is  just,  to  ai'([uire  knowlculi^e  without  faitli,  and  ])ros))erity 
aj)art  from  virtue  ;  assumiui^  the  title  of  the  chamitioiis  of  moch-rn  . 
civih/ation,  and  jdariiiij;  themselves  in  a  station  wliicii  tlicy  usurp 
with  insolenee,  and  fr(mi  which  tliey  are  (hiven  by  tlieir  own  un- 
worthiness. 

AN'here  are  we  then  ? 

The  rehi^ionists  are  the  enemies  of  liberty,  and  the  friends  of 
liberty  attack  reliirion  ;  th('  hit>h-minded  and  the  noble  advocate 
subjection,  and  the  meanest  and  most  servile  minds  preach  inde- 
pendence;  honi'st  and  enllnhfeiu'd  citizens  arc  opj)osed  to  all  pro- 
gi'css,  whilst  men  without  patriotism  and  without  principles  are  the 
apostles  of  civilization  and  of  intelliucnce. 

Has  such  been  the  fate  t»f  the  centuries  which  have  preceded  our 
own  i  and  has  man  always  inhabitcMl  a  world,  like  the  ])res(Mit, 
where  nothin-''  is  linked  toocther,  where  virtue  is  without  u:<Miius, 
and  genius  without  hono|^  where  the  love  of  order  is  confounded 
with  a  taste  for  o])j)ression,  and  the  holy  rit(>s  of  freedom  with  a 
contempt  of  law  ;  where  the  liyht  thrown  by  conscience  on  human 
actions  is  dim,  smd  when;  nothing  se(>ms  t(»  be  any  longer  forl»idden 
or  allowed,  hoi^^ble  or  shameful,  false  or  true  '. 

I  cannot,  howevi'r,  believe  that  the  (.'reator  nr.ide  man  to  leave 
him  in  an  endless  struggle  with  the  intellectual  miseries  winch  sur- 
round us  :  trod  destines  a  calmer  and  a  more  certain  future  to  the 
communities  of  Europe  ;  I  am  imac(iuainted  with  his  designs,  but 
I  shall  not  cease  to  believe  in  them  bi-cause  I  cann(tt  fathom  them, 
and  I  had  rather  mistrust  my  own  capacity  than  his  justice. 

There  is  a  country  in  the  world  where  the  gieat  revolution 
which  I  am  speaking  of  seems  nearly  to  hav(?  reached  its  natural 
limits  ;  it  has  been  efl'ected  with  ease  and  sim])licity,  say  rather 
that  this  country  has  attained  the  consequences  of  the  democratic 
revolution  which  we  arc  undergoing,  without  having  expeiienced 
the  revolution  itself. 


I 


4 


XXIII 


Av'i'lfnrp, 
irfita,  niul 
f  novelty, 
is  to  ma- 
t  hoodiiif; 
•rospcrity 
)t'  modern 
liey  usurp 

own  un- 


friends of 
'  ndvocato 
each  indc- 
to  nil  pro- 
lies  are  the 

needed  our 

w  present, 

mt  sjenius, 

Dnf'ounded 

iin   witli   a 

1)11  human 

f'orltidden 

to  leave 
which  sur- 
nre  to  the 

si<>iis,  hut 
i(»m  them, 

revolution 
ts  natural 
say  rather  \ 
:lemocratic  5 
kpeiienced       J 


The  emiffrnnts  wlio  fixed  themselves  on  i^ie  shores  of  America 
in  the  l)e<j;iniiinir  of  tlu^  seventeenth  cen*  .  .  iiovered  the  democra- 
tic jtrinciple  from  all  the  principles  tvlii(  r  '  uressed  it  in  the  old 
conniuinilics  of  l^urope,  and  traiisplaut(!il  it  iiiudloyed  to  the  New 
World,  it  has  there  heen  allowed  to  spri-iid  in  peifect  freedom, 
and  to  pur,  forth  its  conse(|uonces  in  thu  laws  by  iiiihujucing  the 
manners  of  the  country. 

It  a])pears  to  nu^  heyond  a  douht  that  sooner  or  hiter  we  sludl 
arrive,  like  tlu^  Anuuicans,  at  an  almost  com])let{^  e((uality  of  con- 
ditions. Mut  I  do  not  conclud(!  from  tliis,  that  we  shall  (!ver  bo 
necessarily  led  to  draw  the  same;  politicid  conse(iuences  which  the 
Amei'icans  have  derived  from  a  similar  social  oitfanization.  1  am 
far  from  siipposiiiij^  that  they  have  chosen  the  only  form  of  <tovcrn- 
ment  which  a  democracy  may  adopt;  but  the  identity  of  tlu;  eHi- 
cient  cause  of  laws  aiul  mnnners  in  tlu!  two  countries  is  sullicient 
to  account  for  the  immense  interest  we  have  in  becoming  ac- 
quainted with  its  ed'ects  in  each  of  them. 

It  is  not,  then,  merely  to  satisfy  a  legitimate  cui'iosity  that  I  have 
examined  America;  my  wish  has  been  to  find  instruction  by  which 
we  may  ourselves  ])rolit.     Whoever  should  imngine  that  I  have 
intended  to  write  a  jiiuu'u'yric  would  he  stranifely  n.istaken,  and 
on  reading  this  book  he  will  jxureive  that  siich  w;is  not  my  de- 
sign :  nor  has  it  been  my  object  to  advociitt^  any  form  of  govern- 
ment in  particidar,  for  I  am  of  o[)inion  that  absolute  excellence  is 
rarely  to  be  fi)und  in  any  legislation  ;    I  have  not  even  affected  to 
discuss  whether  the  socini  rev»>lution,  which  I  believe^   to  be  irre- 
sistible, is  advantageous  or  prejudicial  to  mankiiul ;  1  have  acknow- 
led'j^ed  this  revolution  as  ii  fact  already  accomplished  or  on  the  eve 
of  its    accomjilishmeut;    and    1    havi;    selected   tlu^    nation,  from 
amongst  those  which  have  undergone^  it,  in  which  its  (^evelojimcnt 
has  been  the  most  peaceful  and  the  most  complete,  in  order  to  dis- 
cern its  natural  conse«|Ucnces,  and,  if  it  be  possible,  to  distinguish 
the  means  by  which  it  mtiy  be  rendered  prolitable.     I  confess  that 
in  America  I  saw  more  than  America;  1  sought  the  imacre  of  de- 
mocracy itself,  with  its  inclinations,  its  (haracter,  its  prejudices, 
and  its  passions,  in  order  to  leani  what  we  have  to  fear  or  to  hope 
from  its  progress.  ^ 


r 

p 

1'] 


I'- 


hi 


XXiV 


In  die  first  part  of  this  work  I  have  attempted  to  show  the  ten- 
dency given  to  the  laws  by  the  democracy  of  America,  which  is 
abandoned  ahiiost  without  restraint  to  its  instinctive  propensities ; 
and  to  exhibit  the  course  it  })rescribes  to  the  Government  and  the 
influence  it  exercises  on  affairs.  1  have  sought  to  discover  the 
evils  and  the  advantages  which  it  produces.  I  have  examined  the 
jirccautions  used  by  the  Americans  to  .^irect  it,  as  well  as  those 
which  they  have  not  adopted,  and  I  have  undertaken  to  point  out 
the  causes  which  enable  it  to  govern  society. 

It  was  my  intention  to  depict,  in  a  second  part,  the  influence 
which  the  ecjuality  of  conditions  and  the  rule  of  democracy  exer- 
cise on  the  civil  society,  tlie  habits,  the  ideas,  and  the  manners  of 
the  Americans  ;  I  Ix'gin  however,  to  feel  less  aVom'  mrihe  accom- 
plishment of  this  projecjt,  since  the  excellent  work  of  my  friend 
and  travelling  companion  M.  de  Beaumont  has  been  given  to  the 
world.*  I  do  not  know  whether  1  have  succeeded  in  making 
known  what  I  sa^v  in  America,  but  I  am  certain  that  such  has 
been  my  sincere  desire,  and'  that  I  have  never,  knowingly,  mould- 
ed facts  to  ideas,  instead  «.)f  ideas  to  facts. 

Whenever  a  point  could  be  established  by  the  aid  of  written 
documents,  I  have  had  recourse  to  the  original  text,  and  to  the 
most  authentic  and  approved  work.s.t  I  have  cited  my  authorities 
in  the  notes,  and  any  one  may  refer  to  them.  Whenever  an  opin- 
ion, a  i)olitical  custom,  or  a  remark  on  the  manners  of  the  country 
was  concerned,  I  ewilen^orod  to  consult  the  most  ennglitened  men 
1  met  with.  Jf  the  point  in  question  was  important  or  doubtful,  I 
was  not  satisfied  with  one  testimony,  but  1  formed  my  opinion  on 
the  evidence  of  several  witnesses.     Here  the  reader  mu^tnecessa- 

*  This  work  is  entitled  Marie,  on  I'Esclavage  aiix  Etats-Unis. 

i  Legi-ilative  and  administrative  documents  liave  been  furnished  me  witii  a  de- 
gree of  i)o!iteness  which  I  sliall  always  remember  wilii  gratitude.  Amongst  the 
American  fnnctionaries  wiio  ihns  favnTed  my  inqniritss  I  am  [)iond  to  name  Mr. 
Edward  Livingston,  then  Secretary  of  State,  and  hite  American  Minister  at  Paris. 
During  my  stay  at  lh(!  Session  of  Congress,  Mr.  Livingston  was  kind  enough  to 
furnish  me  with  tlie  greater  part  of  the  documents  I  possess  rel.itive  to  liie  Fede- 
ral Goverinnent.  Mr.  Livingston  is  one  of  those  rare  individuals  whom  one 
loves,  respects,  and  admires  from  their  writings,  and  to  whom  one  is  huppy  to  in- 
cur the  debt  of  gratitude  on  fiutheifeucquuintance. 


I 


i 


XXV 


the  ten- 
whicli  is 
tensities; 
t  and  the 
;over  the 
lined  the 

as  those 
point  out 

influence 
acy  exer- 
anners  of 
le  accom- 
ny  friend 

en  to  the 
1   making 

such  has 
y,  niould- 

if  written 

id  to  the 

Lithorities 

an  opin- 

country 

ncd  men 

jubtful,  1 

inion  on 

necessa- 


with  ri  (Ic- 
moiiji;st  the 

iiiuiic  Mr. 
tor  .It  Paris. 

enough  to 

(he  Fodt- 
whom  one 
iippy  to  in- 


rily  beheve  mo  upon  my  word.  I  could  frr  quently  have  quoted 
names  which  are  eitlier  known  to  him,  or  which  deserve  to  be  so, 
in  proof  of  what  I  advance ;  but  I  have  carefully  abstained  from 
this  practice.  A  stranger  frequently  hears  important  truths  at  the 
fire-side  of  his  host,  which  the  latter  would  perhaps  conceal  even 
from  the  car  of  friendship ;  he  consoles  himself  with  his  guest  for 
the  silence  to  which  he  is  restricted,  and  the  shortness  of  the  tra- 
veller's stay  takes  away  all  fear  of  his  indiscretion.  I  carefully 
noted  every  conversation  of  this  nature  as  soon  as  it  occurred,  but 
these  notes  will  never  leave  my  writing-case  ;  I  had  rather  injure 
the  success  of  my  statements  than  add  my  name  to  the  list  of  those 
strangers  who  repay  the  generous  hospitality  they  have  receiv'  d 
by  subsequent  chngrin  and  annoyance. 

I  am  aware  that,  notwithstanding  my  care,  nothing  will  be  easier 
than  to  criticise  this  book,  if  any  one  ever  chooses  to  criticise  it. 

Those  readers  who  may  examine  it  closely  will  discover  the  fun- 
damental idea  which  connec'ts  the  several  parts  together.  But  the 
diversity  of  the  subjects  I  have  had  to  treat  is  exceedingly  great,  and 
it  will  not  be  difficult  to  oppose  an  isolated  fact  to  the  body  of  facts 
which  1  quote,  or  an  isolated  idea  to  the  body  of  ideas  I  put  forjh. 
I  hope  to  be  read  in  the  spirit  which  has  guided  my  laboyjmid 
that  my  book  may  be  judged  by  the  general  imjiression  it  leaves, 
as  I  have  formed  my  own  judgment  not  on  any  single  reason,  but 
upon  the  mass  of  (nidence. 

It  must  not  be  forgotten  that  the  author  who  wishes  to  be  under- 
stood  is  obliged  to  push  all  his  ideas  to  their  utmost  theoretical 
consequences,  and  often  to  the  verge  of  what  is  false  or  impracti- 
cable ;  for  if  it  be  necessary  sometimes  to  (juit  the  rules  of  logic  in 
active  life,  such  is  not  the  case  in  discotu>'e,  and  a  man  finds  that 
almost  as  many  diffic.ilties  spring  from  inconsistency  of  language, 
as  usually  arise  from  consistency  of  conduct. 

I  conclude  by  pointing  out  myself  what  many  readers  will  con- 
sider the  principal  defect  of  the  work.  Tlii:-'  book  is  written  to  fa- 
voW lu)  particular  views,  and  in  composing  it  1  have  entertained  no 
design  of  serving  or  attacking  any  jiarty  :  1  have  undertaken  not 
to  see  differently,  but  to  look  further  than  parties,  and  whilst  they 
are  busied  for  the  morrow,  1  have  turned  my  thoughts  to  the 
i'uture. 


r 


r. 


P 


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Pre  FA 
Intiodi 

Exteri( 


Origin 

fiiiiii 

111 


Social  I 
Tl 

Po 


The  pri 

Necessi 
Unioi 
Tl. 
Lin 
All 
E\\ 
Pill 
Tli( 
A(Ji 

(i.M 

Of 

Til. 
Pol 

S 

Jiuliciiil 
socit'11 
Otii 


Political 


TABLE  OF  CONTENTS, 


Prkfack  by  the  American  Editor  ..... 

Introduction  -  -  -  -  ■  •  -         .   ■ 

CIIAPTEU  I. 

Exterior  form  of  Nortli  America  ..... 

CIIAPTEU,  H. 
Origin  of  tlic  Anglo-Americans,  and  its  inii)()rtance  in  relation  to  their 
fninre  condition  ....... 

Ri-asons  of  certain  anomalies  which  the  laws  and  customs  of  the 
Anglo-Americans  present  ..... 

^CHAVTER  III. 

Social  condition  of  the  Anslo-Aincricans  .... 

The  striking  cliara"*eri<tic  of  the  social  condition  of  the  Anglo-Arae- 
ricatis  is  its  essential  J)niiiociacy  .... 

political  consetiuenees  of  the  social  condilion  of  the  Anglo-Ame- 
ricans ...--... 

niAPTl]!?.  IV. 
The  principle  of  the  sovereignty  of  the  people  in  America 

CIIAPTKIJ  Y. 

Necessity  of  examining  the  condition  of  the  Sitates  before  that  of  the 
Union  at  large  -  ...... 

The  American  system  of  townships  and  municipal  bodies 

Limits  of  the  townsiiips  ...... 

Anthcrities  of  the  township  in  New  England 

Existence  of  the  township      ...... 

Public  spirit  of  the  townships  of  New  England 

The  counties  of  New  England  -  -  .  .  . 

Administration  in  Mew  England         ..... 

General  remarks  on  the  Administration  of  the  Unit  id  States 

Of  the  State  --..... 

Legislative  power  of  the  State  ..... 

The  executive  power  ol'tiic  State     ..... 

Political  etVects  of  the  system  of  local  administration  in  the  United 
States  --...... 

CIIAPTEK   \'I. 
Judicial   power  in   the    United   Stales,  and   its  inlluence   on  political 
society  --.-.... 

Other  powers  granted  to  the  American  .Tiidse-i         ... 

CriAPTKll  \ll. 
Polllical  jurisdiction  in  the  United  States  -  .  .  . 

iv 


Page, 
iii 
xi 


9 

26 

28 
23 
35 

3t3 


39 
4[ 
43 

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IV 


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CHAPTER   VIII.  Page. 

The  Federal  Constitution           -            -            -            -            -            -  90  ^ 

History  of  the  Federal  Constitution             ....  91 

Summary  of  the  Federal  Constitution          ....  93 

Prerogative  of  tlie  Federal  Government     ....  94 

Federal  Powers        ---.-..  96 

Legislative  Powers                ---...  96 
A  ftntlier  dillbrence  between  the  Senate  and  the  House  of  Repre- 

sentativesi  ......  -99 

The  executive  power           ......  100 

Ditlereiices  between  tlio  position  of  the  President  of  the  United 

States  and  that  of  a  Constitutional  King  of  France          -            -  102 
Accicl-^'ital  causes  which  may  increase  the  influence  of  the  Executive 

Government           --.....  105 

Why  the  President  of  the  United  States  does  not  require  the  ma- 
jority of  the  two  houses  in  order  to  carry  on  the  Govermneut  106 
Election  of  llie  President      -            -            -            -            .            -107 

]\Iode  of  elec'tiou      -  -  -  .  -  .  .Ill 

Crisis  of  tlie  election              ......  114 

Ke-e!ec:ii()ii  of  t.'ie  President  •  -  -  -  .116 

Federal  Courts         -             -             -             -             .             -             .  llrf 

Rleans  of  ilcterniiuiiiir  the  jurisdiction  of  the  Federal  Courts         -  1-' 

Dill'erent  cases  of  jiiiisdiciion           .....  I'i3 

Procedure  of  tlio  I'eilcrai  Courts     .....  I"i7 

High  rank  of  the  Supreme  coinls  amongst  the  great  powers  of  the 

State            ........  130 

In  what  respects  the  Federal  Constitution  is  superior  to  that  of  the 

States          ...                         .            .            .            .  132 

Characteristics  which  distinguish  tlie  Federal  Constitution  of  the 

I'liited  Slates  of  Auii-rica  from  all  otiit.'r  Federal  Constit(Ui()ns    -  13G 
Advantages  of  the  Federal  system  in  general,  and  its  special  utdity 

in  America              .......  139 

"NViiy  the  I'ederal  system  is  imt  adapted  to  a'l  peoples,  and  how  the 

Anglo  Americans  were  enabled  lo  adopt  it           -            -            -  145 

(VEIAPTER  IX. 

^Vhy  the  People  may  strictly  hv.  said  to  govern  in  the  United  States      -  153 

CIIAPTKll  X. 

Parties  in  the  I'nited  States 154 

v.'Tlemains  of  the  Aristocratic  party  in  the  United  States    -        -        .  159 

(MIAPTKK,  XI. 

Liberty  of  the  press  in  the  United  States. 161 

CHAI'TER  XII. 

Political  associations  in  the  I'nited  States       ......  170 

('HAPTini  XIII. 

Govermneut  of  the  Democracy  in  AuKMiea            .         -         -         -         -  178 

Universal  SiillV.ige         -         -. 179 

Choice  of  the  I'eople,  and  instinctive  prelVrenccs  of  the  American 

Democracy       ...---....  179 
Caii-;t's  which  may  partly  correct  tliese  tendencies  of  the  Demo- 
cracy        ..".' 182 

Inliiii'iice  wiiich  tlie   American  Democracy  has  exercised  on  the 

laws  relating  to  elections             - 185 

Public  ollicers  under  tiie  control  of  the  Democracy  in  America      -  lti7 
Arbitrary  jjower  of  Magistrates  under  the  rule  of  the  American 

Democracy 189 


I 
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Unit! 
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XXIX 


Page. 

91 
93 
94 
96 
96 

99 
100 

102 

105 

106 
107 
111 
114 
116 
llrf 
1>1 
1-23 
1-^7 

130 

132 

130 

139 

145 

153 

154 

159 

161 

170 

17S 
179 

17a 

182 

1H5 

lti7 


1S9 


Instability  of  the  Administration  in  the  United  States    ... 

Cliarges  levied  by  the  State  under  the  rule  of  the  American  Demo- 
cracy        ....-.-- 

Tendencies  of  the  American  Democracy  as  regards  the  salaries  of 
pubiic  olHcers        ....  -  -  - 

DiHiculty  of  distin^nishins  the  causes  which  contribute  to  the  oeco- 
notuy  of  the  American  Cio\  eminent  .  .  -  - 

Wl)elher  the  cxpetiditure  of  liie  United  States  can  be  compared  to 
that  of  F'raiice 

Corruption  and  vices  oftlie  rulers  ni  a  Democracy,  and  consequent 
effects  upon  pulilic  morality 

F.lTorts  of  wlii(^h  ;i  Democracy  is  capable         -         .         .         .         - 

S<;lf  control  of  the  American  Democracy       ..... 

Conduct  of  Foreign  Affairs,  by  the  American  Democracy 

/  CHAPTER  XIV. 

/What  the  real  advantages  are  which  American  Society  derives  from  the 
Governmeiu  of  ihe  Democracy         ....-.- 
General  tendency  of  tiie  laws  under  the  rule  of  the  American  De- 
mocracy, and  habits  of  those  who  apply  them     .         -         .         - 

Public  s])irit  in  the  United  Stales  - 

Notion  of  rights  in  the  United  States  ■         „         .         .         . 

Respect  for  the  law  in  the  United  States        -         .         -         .         . 
Activity  wiiich  pervades  all  the  branches  of  the  body  politic  in  the 
United  States;  inlluence  wiiich  itexercises  upon  Society     - 

CHAPTER  XV. 

^  Unlimiled   power  of  the  majoriiy  in   the  United  States,  and  its  con- 
Bccpieiices         --         --         --         .-.-. 

llow  ilic  unlimited  power  of  the  majority  increases  in  America,  the 

instability  of  li'gislatiou  mlierent  in  Democracy  .         .         . 

Tyriiimy  of  the  iiiajorily        ...         ..... 

EllVcis  of  the  uiiiimitcil  power  of  the  majority  upon  the  arbitrary 
aiillidrily  of  the  American  public  ollicers  .         .         .  . 

Power  exercised  by  tlie  majority  in  America  upon  public  opinion 
ElltM  ts  of  the  tyranny  of  the  majoriiy  upon  the  national  character 
,-    of  the  Americans       .-......, 

/Tlie  gieatest  dangers  of  the  American  Kepublics  proceed  from  the 
unlimia'd  power  of  the  majority         -         ..... 

CHAP'J'EK  XVI. 

v'' Causes  whicii  mitigate  the  tyranny  of  the  majority  in  the  United  -'tates. 
Absence  of  ('eiitral  Administration  ...... 

The  I'rofession  of  the  Law  in  the  United  States  serves  to  counter- 
poise th(;  Denmciacy  ........ 

Trial  by  Jury  in  the  United  Slates  considered  as  a  political  institu- 
tion ........... 

CHAPTER  XVH. 

Principal  causes  which  tend  to  maintain  the  Democratic  Republic  in  the 

United  States 

Accidental  or  Providential  causes  whicli  contribute  to  the  niainte- 
-  /  nance  of  the  Deinoera-lic  Kepnblic  in  the  United  States 

Intliiciicc  of  the  'aws  upon  the  maiiiiciiainc  of  the  Democratic  Re- 
/     public  in  the  United  Slates  ....... 

/  Iiiiliii'iic(>  of  maiiiie.     upon  liie  maintenance  of  the  Democr  itic  U(>- 
piibiic  in  the  United  ."^tales  ....... 

Reliiiiciii  cdiisiih^red  as  a  political  iiistitutioii,  which  [)owerfiillv  con- 
tributes to  Ihe  mainlenance  of  the  Democratic  liepublic  amongst 
the  Americans 


I 
1/ 


Page. 
191 

19:i 

197 

199 

SCO 

2(15 

y(i7 

'J  10 

217 

218 
'2>-i 
225 
228 

230 

235 

238 
240 

243 
244 

247 

250 

252 
252 

253 

261 

268 
269 
279 
280 

281 


r 


r 

fit* 

p 


t> 


XXX 


"m 


InJirect  influence  of  religious  opinions  upon  political  society  in  the 
United  Stiites 

Principal  causes  which  render  religion  powerAil  in  America 

How  the  instruction,  the  hahits,  and  the  practical  experience  of  the 
Americans  promote  tiio  success  of  their  Democratic  institutions 

The  laws  contrihiite  more  to  the  maintenance  of  the  Democratic 
Repuliiic  in  the  United  States  than  the  physical  circumstances  of 
the  country,  and  the  manners  more  than  the  laws 

Wluitlier  laws  and  manners  arc  sntlicient  to  maintain  Democratic 
iiistitntions  in  other  countries  hesides  America     .... 

Importance  of  what  precedes  with  rcs})ect  to  the  State  of  Europe 

(CHAPTER  XVIII. 

The  present  and  probable  future  condition  of  the  three  Races  which  in- 
habit the  territory  ol"  the  United  States 

Tlie  present  and  probable  future  condition  of  the  Indian  Tribes 

which  inhai)it  the  territory  possessed  by  the  Uni  >n       . 
Situation  of  the  Clack  I'o[)ulation  in  the  I'liited  States,  and  dangers 
with  which  Its  presence  threatens  the  Whites       .... 
What  are  the  chances  in  fivor  ofthe  duration  of  the  American  Union 

and  what  dangers  threaten  it 

Ofthe  Republican  instiiutions  ofthe  United  Slates,  and  what  their 
ch:inccs()l"(hnMtion  are         ........ 

Reflections  on  the  causes  ofthe  commercial  prosperity  ofthe  United 

States 

Conclusion     ,..;....... 

Appendix       •         .         • 

Notes  by  the  American  Editor 


Page. 

2P4 
289 

296 


300 


304 

307 

312         i 

318         '■ 

326  t 

3G2 

396 

North  I 

401 

the  0 

409 

Revo 

415 

Coloi 

441 

Amer 

^Van. 

guagc 

NoRTt 

feature 

■\ 

A  so 

ration 

< 

grand 

1 

jects  ai 

Till. 

gions, 

Pole,  a 

stretcht 

sides  m 

The 

include 

The 

the  l-:qi 

The 

towards 

most  be 

immens 

deep  va 

rivers  xt 

brm  va 

Page, 

284 
289 

296 


300 

304 
307 


DEMOCRACY  IN  AMERICA. 


312 

318 

326  u ' 

3G2 

396 

401 
409 
415 
441 


CHAPTER  I. 


EXTERIOR   FORM    OF    NORTH   AMERICA. 

North  AiTiP'"ica  divided  into  two  vast  regions,  one  inclining  towards  tlio  Pole, 
the  otlicr  towards  tiio  Equator. —  Valley  of  the  Mississippi — Traces  of  the 
Revolutions  of  the  Glohe. — Shore  of  the  Atlantic  Ocean,  where  the  English 
Colonies  were  fonnded. — DitVerence  in  the  appearance  of  North  and  of  South 
America  at  the  time  of  their  discovery. — Forests  of  North  America. — Prairies.— 
Wandering  Tribes  of  Natives. — Their  outward  appearance,  manners,  and  lan- 
:      guagc. — Traces  of  an  unknown  people. 

;  North  Ai^ierica  presents  in  its  external  form  certain  general 
features  which  it  is  easy  to  discriminate  at  the  first  glance. 

A  sort  of  methodical  order  seems  to  have  regulated  the  sepa- 
ration of  land  and  water,  mountains  an-1  valleys.     A  simple  but 
grand  arrangement  is  discoverable  amidst  the  confusion  of  ob- 
ijects  and  the  prodigious  variety  of  scenes. 
]      Tliis  Continent  is  divided,  almost  etiually,  into  two  vast  re- 
igions,  one  of  which  is  bounded,  on  the  north  by  the  Arctic 
•|Polc,  and  by  the  two  great  Oceans  on  the  east  and  west.     It 
Istretches  towards  the  south,  I'orming  a  triangle,  wiiose  irregular 
Jisides  meet  at  length  below  the  great  lakes  of  Canada. 
}     The  second  region  begins  where  the  other  terminates,  and 
fincludes  all  the  remainder  of  the  continent. 
I     Tlie  one  slopes  gently  towards  the  Pole,  the  other  towards 
Ithe  liquator. 

!  Tiie  territory  comprehended  in  the  first  region  descends 
Jtowards  the  north  with  so  imperceptible  a  slope,  that  it  may  al- 
nost  be  said  to  form  a  level  plain.  Within  the  bounds  of  this 
mmense  tract  of  country  there  are  neither  high  mountains  nor 
Icep  valleys.  Streams  meander  through  it  irregidarly  ;  great 
ivers  mix  their  currents,  separate  and  meet  again,  disper<je  and 
*orra  vast  marshes,  losing  all  trace  of  their  channels  in  the 


0 


r. 


i.v 


2 

labyrinth  of  waters  they  have  themselves  created ;  and  thus  at 
ieii'Tthv  after  inmiinerable  wlnflini^s,  fall  into  the  Polar  seas. 
The  great  lakes  which  bound  this  first  region  are  not  walled  in 
like  most  of  those  in  the  Old  World,  between  hills  and  rocks. 
Tlieir  banks  are  flat,  and  rise  but  a  few  feet  above  the  level  of 
their  waters ;  each  of  them  thus  forming  a  vast  bowl  filled  to  the 
brim.  The  slightest  change  in  the  structure  of  the  globe  woidd 
cause  their  waters  to  rush  either  towards  the  Pole  or  to  the 
Tropical  Sea. 

The  second  region  is  more  varied  on  its  surface,  and  better 
suited  for  the  habitation  of  man.  Two  long  chains  of  mountains 
divide  it  from  one  extreme  to  the  other;  the  Alleghany  ridge 
takes  the  form  of  the  shores  of  the  Atlantic  Ocean  ;  the  other 
is  parallel  with  the  I'acific. 

The  space  which  lies  between  these  two  chains  of  mountains 
contains  1, 341,641)  square  miles.*  Jts  surface  is  therefore 
about  six  times  as  great  as  that  of  France. 

This  vast  territory,  however,  ibrms  a  single  valley,  one  side 
of  which  descends  gradually  from  the  rounded  summits  of  the 
Alleghanies,  while  the  other  rises  in  an  uninterrupted  course 
towards  the  tops  of  ihe  Rocky  Mountains. 

At  the  bottom  of  the  valley  Hows  an  immense  river,  into 
which  the  various  streams  issuing  from  the  mountains  fall  from 
all  parts.  In  memory  of  their  native  land,  the  French  formerly 
called  this  river  the  St.  Louis.  The  Indians,  in  their  pompous 
language,  have  named  it  the  Father  of  Waters,  or  the  Missis- 
sippi. 

The  Mississippi  takes  its  source  above  the  limit  of  the  two 
great  regions  of  which  I  have  spoken,  not  far  from  the  highest 
point  of  the  table-land  where  they  unite.  Near  the  same  spot 
rises  another  river, t  which  empties  itself  into  the  Polar  seas. 
The  course  of  the  Mississij)pi  is  at  first  dubious  :  it  winds  sev- 
eral times  towards  the  north,  from  whence  it  rose  ;  and  at 
length,  after  having  been  delayed  in  lakes  and  marshes,  it  fiows 
slowly  onwards  to  the  south. 

Sometimes  quietly  gliding  along  the  argillaceous  bed  which 
nature  has  assigned  to  it ;  sometimes  svvoln  by  storms,  the 
Mississippi  waters  2,500  miles  in  its  course.^  At  the  distance 
of  1,'3G4  miles  from  its  mouth  this  river  attains  an  average  depth 
of  fifteen  feet ;  and  it  is  navigated  by  vessels  of  300  tons  burden 
for  a  course  of  nearly  500  miles.     Fifty-seven  large  navigable 


*  '  Darby's  View  of  tlie  United  States.'  t  The  Red  River. 

i  Warden's  '  Description  of  the  United  States.' 


i 


3 


rivers  contribute  to  swell  the  waters  of  the  Mississippi ;  amongst 
others,  the  Missouri,  which  traverses  a  space  of  2,5UU  miles,  the 
Arkansas  of  1,'')()U  miles,  the  Reel  River  1,000  miles  ;  four 
whose  course  is  from  800  to  1,000  miles  in  length,  viz.  the  Illi- 
nois, the  St.  Peter's,  the  St.  Francis,  and  the  Moingona;  besides 
a  countless  multitude  of  rivulets  which  unite  from  all  parts  their 
tributary  streams. 

The  valley  which  is  watered  by  the  Mississippi  seems  formed 
to  be  the  bed  of  this  mighty  river,  which  like  a  god  of  antiquity 
dispenses  both  good  and  evil  in  its  course.  On  the  shores  of  the 
stream  nature  displays  an  inexhaustible  fertility  ;  in  [iroportion 
as  you  recede  from  its  banks,  the  powers  of  vegetation  languish, 
the  soil  becomes  poor,  and  the  plants  that  survive  have  a  sickly 
growth.  Nowhere  have  the  great  convulsions  of  the  globe  left 
more  evident  traces  than  in  the  valley  of  the  Mississippi  :  the 
whole  aspect  of  the  country  shows  the  powerful  ell'ects  of  water, 
both  by  its  fertility  and  by  its  barrenness.  The  waters  of  the 
primaeval  ocean  accumulated  enormous  beds  of  vegetable  mould 
in  the  valley,  which  they  levelled  as  they  retired.  Upon  the 
right  shore  of  the  river  arc  seen  immense  plains,  as  smooth  as 
if  the  husbandman  had  passed  over  them  with  his  roller.  As 
you  approach  the  mountains,  the  soil  becomes  more  and  more 
unequal  and  sterile  ;  the  ground  is,  as  it  were,  pierced  in  a 
thousand  places  by  primitive  rocks,  which  appear  like  the  bones 
of  a  skeleton  whose  llesh  is  partly  consumed.  The  surface  of 
the  earth  is  covered  with  a  granitic  sand  and  huge  irrcgidar 
masses  of  stone,  among  which  a  few  plants  force  their  growth, 
and  give  the  appearance  of  a  green  field  covered  with  the  ruins 
of  a  vast  edifice.  These  stones  and  this  sand  discover,  on  ex- 
amination, a  perfect  analogy  with  those  which  compose  the  arid 
and  broken  summits  of  the  Rocky  Mountains.  The  flood  of 
waters  which  washed  the  soil  to  the  bottom  of  the  valley,  after- 
wards carried  away  portions  of  the  rocks  themselves  ;  and  these, 
dashed  and  bruised  against  the  neighboring  clilis,  were  left 
scattered  like  wrecks  at  their  feet.* 

The  Valley  of  the  Mississippi  is,  upon  the  whole,  the  most 
magnificent  dwelling-place  prepared  by  God  for  man's  abode; 
and  yet  it  may  be  said  that  at  j)resent  it  is  but  a  mighty  desert. 

On  the  eastern  side  of  the  Alleghanies,  be'wcen  the 
base  of  these  mountains  and  the  Atlantic  Ocean,  there  lies 
a  long  ridge  of  rocks  and  sand,  which  the  sea  appears  to  have 
left  behind  as  it  retired.     The  mean  breadth  of  this  territory 


|^  i 

I' 


See  Appendix,  A. 


'■"^ 


docs  not  exceed  one  hundred  miles ;  but  it  is  about  nine  hun- 
dred miles  in  length.  This  part  of  the  American  continent 
has  a  soil  which  oilers  every  obstacle  to  the  husbandman,  and 
its  vegetation  is  scanty  and  unvaried. 

Upon  this  inhospitable  coast  the  first  united  efforts  of  human 
industry  were  made.  This  tongue  of  arid  land  was  the  cradle 
of  those  English  colonies  which  were  destined  one  day  to  be- 
come the  I'nited  States  of  America.  The  centre  of  power  still 
remains  there  ;  whilst  in  the  backward  States  the  true  elements 
of  the  great  people  to  whom  the  future  control  of  the  continent 
belongs  are  secretly  springing  up. 

When  the  Europeans  first  landed  on  the  shores  of  the  Antilles, 
and  afterwards  on  the  coast  of  South  America,  they  thought 
themselves  transported  into  those  fabulous  regions  of  which 
poets  had  sung.  The  sea  sparkled  with  j)liosphoric  light,  and 
the  extraordinary  transparency  of  its  waters  discovered  to  the 
view  of  the  navigator  all  that  had  hitherto  been  hidden  in  the 
deep  abyss.*  Here  and  there  appeared  little  islands  j)crfumed 
with  odoriferous  plants,  and  resembling  baskets  of  llowers, 
floating  oil  the  trancpiil  surface  of  the  ocean.  Kvcry  object 
which  met  the  sight,  in  this  enchanting  region,  seemed  prepared 
to  satisfy  the  wants,  or  contribute  to  the  pleasures  of  man.  Al- 
most all  the  trees  were  loaded  with  nourishing  fruits,  and  those 
which  were  useless  as  food,  delighted  the  eye  by  the  brilliancy  and 
variety  of  their  colors.  In  groves  ol"  fragrant  lenion-trccs,  wild 
figs,  flowering-mvrtles,  acacias,  and  oleanders,  w  liich  w  ere  hung 
with  festoons  of  various  climbing-plants,  covered  w  ith  /lowers, 
a  multitude  of  birds  unknown  in  Mnrope  displayed  their  bright 
plumage,  glittering  with  purple  and  axure,  and  mingled  their 
warbling  in  the  harmony  of  a  world  teeming  with  life  and 
motion.! 

Underneath  this  brilliant  exterior,  deati?  was  concealed.  The 
air  of  these  climates  had  so  enervating  an  induence,  that  man, 
completely  absorbed  by  the  present  enjoyment^  was  rendered 
regardless  of  the  future. 

iVorth  America  appeared  under  a  very  (lin'ercntasjicct:  there, 
everything  was  grave,  serious,  and  soleum  ;  it  seemed  created 
to  be  the  domain  of  intelligence,  as  the  South  v,  as  that  of  sen- 

*  i\I;ilte  r5rnii  tcll^  iis  (vol.  v.  \).  720,)  that  llie  water  oT  llu;  (^iril)l)o:in  sea  is  so 
traiis|)areiit,  tliat  cDials  and  lisli  are  disocnjilde  at  a  ili.'])tli  of  sixty  lailioms.  Tlit' 
ship  seemed  to  lloat  in  air,  tlio  navif^ator  hecanie  ,','i(ldy  as  his  eye  penetrated 
throngh  the  crystal  Mood,  and  bejield  submarine  i.Mrdens,  or  budb  ol' shells,  or  gilded 
fishes  ghding  among  tufts  aud  Uiickets  of  sea-weed. 

t  See  Appendix,  B. 


I 


I 


The 


sual  delight.  A  turbulent  and  foggy  ocean  washed  its  shores. 
•  It  was  girded  round  by  a  belt  of  granitic  rocks,  or  by  wide 
}ilains  of  sand.  'J'hc  loliage  of  its  woods  was  dark  and  gloomy  ; 
for  they  were  composed  of  firs,  larches,  evergreen  oaks,  wild 
olive-trees,  and  laurels. 

Beyond  this  outer  belt  lay  the  thick  shades  of  the  central 
forests,  where  the  largest  trees  which  are  j)roduced  in  the  two 
hemispheres  grow  side  by  side.  The  piano,  the  catalpa,  the 
sugar-maple,  and  the  Virginian  poplar,  n)lngled  their  branches 
with  those  of  the  oak,  the  beech,  and  the  lime. 

In  these,  as  in  the  forests  of  the  Old  World,  destruction  was 
perpetually  going  on.  'LMic  ruins  of  vegetation  were  heaped 
upon  each  other  ;  but  there  was  no  laboring  hand  to  remove 
them,  and  their  decay  was  not  rapid  enough  to  make  room  for 
the  continual  work  of  reproduction.  Climbing-plants,  grasses, 
and  other  herbs  forced  their  way  through  the  mass  of  dying 
trees ;  tiiey  crept  along  their  bending  trunks,  found  nourishment 
in  their  dusty  cavities,  and  a  passage  beneath  the  lifeless  bark. 
Thus  decay  gave  its  assistance  to  life,  and  their  respective  pro- 
ductions were  mingled  together.  The  depths  of  these  ibrests 
were  gloomy  and  obscure,  and  a  thousand  rivulets,  luidirected 
in  their  course  by  human  industry,  preserved  in  them  a  constant 
moisture.  Jt  was  rare  to  meet  with  llowers,  wild  fruits,  or  birds, 
beneath  their  ?^hades.  The  fall  of  a  tree  overthrown  by  age, 
the  rushing  torrent  of  a  cataract,  the  lowing  of  the  bullalo,  and 
the  howling  of  the  wind,  were  the  only  sounds  which  broke  the 
silence  of  nature. 

To  the  east  of  the  great  river,  the  woods  almost  disappeared  ; 
in  their  stead  were  seen  prairies  of  immense  extent.  W  bother 
Nature  in  her  iulinito  variety  had  denied  the  germs  of  trees  to 
tliesi.'  fertile  plains,  or  whether  they  had  once  been  covered 
with  forests,  sid)se(piently  destroyed  by  the  hand  of  man,  is  a 
question  which  neitlier  tradition  nor  scientilic  research  has  been 
able  to  resolve. 

Those  immens(>  deserts  were  not,  howev(>r,  devoid  of  human 
inhabitants.  Some  wandering  tribes  had  been  for  ages  scatter- 
ed among  the  forest  shades  or  the  green  pastures  of  the  prairie. 
From  the  mouth  of  the  St.  Lawrence  to  the  Delta  of  the  Mis- 
sissippi, and  from  the  Atlantic  to  the  Pacific  Ocean,  th.ese 
savages  possessed  certain  points  of  resemblance  which  bore 
witness  of  their  common  origin  :  hut  at  the  same  time  they  dif- 
fered  from  all  otlier  known  races  of  men  :*  they  were  neither 

*  Willi  tlio  iiroirrcss  of  discovery,  some  rosoiiiManco  has  been  found  to  exist  be- 
tween the  physical  conformation,  the  language,  and  the  habits  of  the  Indians  of 


r 

I]  1. 


I'.  I 


white  like  the  Europeans,  nor  yellow  like  most  of  the  Asiatics, 
nor  black  like  the  ne^j^roes.  Their  skin  was  reddish  brown, 
their  hair  long  and  shining,  their  lips  thin,  and  their  cheekbones 
very  prominent.  The  languages  s|)oken  by  the  North  American 
tribes  were  various  us  far  as  regarded  their  words,  but  they 
were  subject  to  the  same  grammatical  rules.  These  rules  dif- 
ferred  in  several  points  from  such  as  had,  been  observed  to 
govern  the  origin  of  language. 

The  idiom  of  the  Americans  seemed  to  be  the  prodiict  of  new 
combinations ;  and  bespoke  an  ellbrt  of  the  understanding,  of 
which  the  Indians  of  our  days  would  be  incapable.* 

The  social  state  of  these  tribes  dilfered  also  in  many  respects 
from  all  that  was  seen  in  the  Old  World.  They  seemed  to 
have  multiplied  freely  in  the  midst  of  their  deserts,  without 
coming  in  contact  with  other  races  more  civili'/.ed  than  their 
own. 

Accordingly,  they  exhibited  none  of  those  indistinct,  incoherent 
notions  of  right  and  wrong,  none  of  that  deep  corruption  of 
manners  which  is  usually  joined  with  ignorance  and  rudeness 
among  nations  which,  after  advancing  to  civilization,  have  re- 
lapsed into  a  state  of  barbarism.  The  Indian  was  indebted  to 
no  one  but  himself;  his  virtues,  his  vices,  and  his  prejudices 
were  his  own  work;  he  had  grown  up  in  the  wild  independence 
of  his  nature. 

If,  in  polished  countries,  the  lowest  of  the  people  are  rude 
and  uncivil,  it  is  not  merely  because  they  are  poor  and  ignorant, 
but  that,  being  so,  they  are  in  dally  contact  with  rich  and  en- 
lightened men.  The  sight  of  their  own  hard  lot  and  of  their 
weakness,  which  are  daily  contrasted  with  the  happiness  and 
power  of  some  of  their  fellow-creatures,  excites  in  their  hearts 
at  the  same  time  the  sentiments  of  anger  and  of  fear  :  the  con- 
sciousness of  their  inferiority  and  of  their  dependence  irritates 
while  it  humiliates  them.  This  state  of  mind  displays  itself  in 
their  manners  and  language  ;  they  arc  at  once  insolent  and 
servile.  The  truth  of  this  is  easily  proved  by  observation  ;  the 
oeople  are  more  rude  in  aristocratic  countries  than  elsewhere  ; 
in  opulent  cities  than  in  rural  districts.     In  those  places  where 

North  America,  and  tliose  oftlie  Toni,'onH,  Mjintchous,  Moiinln,  Tartars,  and  other 
wandering  trihcs  of  Asia.  The  land  occupitid  hy  these  tribes  is  not  very  distant 
from  Behriiiji's  Strait;  wliich  allows  of  the  supposition,  that  at  a  remote  period 
they  gave  iniialjitants  to  the  desert  eontinent  of  America.  Hut  this  is  a  ])oint  which 
has  not  yet  heen  clearly  elucidated  by  science.  Hee  Malte  Brun,  vol.  v. ;  the 
works  of  Humboldt ;  Fischer,  '  Conjecture  3ur  I'Origine  des  Amtricains' ;  Adair, 
'History  of  the  American  Indians.' 
*  See  Appendix,  C. 


i 


the  rich  and  po^ 
indigent  feel  tli 
Tillable  to  perc 
they  give  up  to 
dignity  of  hum 

This  unfortu 
observable  in 
ignorant  and  pt 

At  the  perioi 
natives  of  Nort 
and  indidcrent 
to  himself  by 
coarse  in  their 
and  a  kind  of  s 

Mild  and  ho 

beyond  any  ki 

expose  himself 

who  asked  adii 

could  tear  in  \ 

his  prisoner. 

examples  of  m 

more   intractal 

former  times  a 

Europeans  pr 

upon  the  shon 

neither  envy  ii 

such  men  as  v 

out  wants,  sul 

song  at  tlic  i 

human  family 

tcr  world,  am 

oftlie  univcrs 

were  in  gener 

*  We  learn  fr 
among  the  Iroipn 
or  to  survive  the 
ancient  Romans 
l.'iO,  he  tells  us  ih 
hands  of  his  enei 
obtain  death  at  tl 

t  See  'Histoii 
de  la  Nouvelle  F 
American  Philos 
190.  Whatissa 
merit  oftlie  writ 

{  See  Appenc 


IF 


fn 


the  rich  and  powerful  arc  assembled  together,  the  weak  and  the 
indigent  feci  themselves  oppressed  by  their  inferior  condition. 
Unable  to  perceive  a  single  chance  of  regaining  their  equality, 
they  give  up  to  despair,  and  allow  themselves  to  fall  below  the 
dignity  of  hunian  nature. 

This  unfortunate  effect  of  the  disparity  of  conditions  is  not 
observable  in  savage  life :  the  Indians,  although  they  are 
ignorant  and  poor,  arc  equal  and  free. 

At  the  period  when  Europeans  first  came  among  them,  the 
natives  of  North  America  were  ignorant  of  the  value  of  riches, 
and  indidbrent  to  the  enjoyments  which  civilised  man  procures 
to  himself  by  their  means.  Nevertheless  there  was  nothing 
coarse  in  their  demeanor  ;  they  practised  an  habitual  reserve, 
and  a  kind  of  aristocratic  politeness. 

iSnid  and  hospitable  when  at  peace,  though  merciless  in  war 
beyond  any  known  degree  of  human  ferocity,  the  Indian  would 
expose  himself  to  die  of  hunger  in  order  to  succor  the  stranger 
who  asked  adinittanre  by  night  at  the  door  of  his  hut, — yet  he 
could  tear  in  j)ieccs  with  his  hands  the  still  quivering  limbs  of 
his  prisonei'.  The  famous  republics  of  antiquity  never  gave 
examples  of  more  unshaken  courage,  more  haughty  spirUs,  or 
nioro  intractable  love  of  independence,  than  were  hiducn  in 
lornicr  times  among  the  wild  forests  of  the  New  World.*  The 
Europeans  j^roduccd  no  great  impression  when  they  landed 
upon  the  shores  of  North  America  :  their  presence  engendered 
neither  envy  nor  fear.  Wl)at  influence  could  they  possess  over 
such  men  as  we  have  described  t  The  Indian  could  live  with- 
out wants,  suller  without  complaint,  and  pour  out  his  death- 
song  at  tlic  stake.t  Like  all  the  other  members  of  the  great 
human  family,  these  savages  believed  in  the  existence  of  a  bet- 
ter world,  and  adored,  under  dill'erent  names,  God,  the  creator 
of  the  universe.  Their  notions  on  the  great  intellectual  truths 
were  in  general  simple  and  philosophical.| 

*  We  learn  from  President  Jeft'eraon's  'Notes  upon  Virginia,'  p.  148,  that 
among  tlie  Iroquois,  wiien  aUaciied  by  a  superior  force,  aged  men  refused  to  Hy, 
or  to  survive  the  destruction  of  tlieir  country  ;  and  they  braved  death  liiie  the 
ancient  Romans  wiien  tlieir  capital  was  sacked  by  the  fiauls.  Further  on,  p. 
l.j(),  lie  tells  us  that  there  is  no  example  of  an  Indian,  wim,  iiaving  fallen  into  the 
hands  of  his  enemies,  begged  for  his  life  ;  on  the  contrary,  the  captive  sought  to 
obtain  death  at  the  hands  of  his  concpierors  by  the  use  of  insult  and  provocation. 

t  See  '  Ilistoire  de  la  Louisiane,' by  Lepage  Dupratz;  Charlevoix,  '  Histoiro 
de  la  Nouvelle  France;'  '  Lettres  dii  Rev.  G.  Ilecwelder;'  '  Transactions  of  the 
American  Philosophical  Society,'  v.  1. ;  Jefferson's  '  Notes  on  Virginia,'  p.  135 — 
190.  What  is  said  by  Jefferson  is  of  especial  weight,  on  account  of  the  personal 
merit  of  the  writer,  and  of  the  matter-of-fact  age  in  wliich  he  lived. 

t  See  Appendix  D. 


c 


laii 
Mi 


r 

'i  ,1 
I) 


IM 


8 


n 


Although  we  have  here  traced  the  charac'  of  a  primitive 
people,  yet  it  cannot  be  doubted  that  anott  **  people,  more 
civilized  and  more  advanced  in  all  respects,  hud  preceded  it  in 
the  same  regions. 

An  obscure  tradition  which  prevailed  among  the  Indians,  to 
the  north  of  the  Atlantic,  informs  us  thar  these  very  tribes  for- 
merly dwelt  on  the  west  side  of  the  Mississippi.  Along  the 
banks  of  the  Ohio,  and  throughout  the  central  valley,  there  are 
frequently  found,  at  this  day,  tnmtili  raised  by  the  hands  of 
men.  On  exploring  these  heaps  of  earth  to  their  centre,  it  is 
usual  to  meet  with  human  bones,  strange  instruments,  arms  and 
utensils  of  all  kinds,  made  of  a  metal,  or  destined  for  purposes, 
unknown  to  the  present  race. 

The  Indians  of  our  time  are  unable  to  give  any  information 
relative  to  the  history  of  this  uidinown  people.  Neither  did 
those  who  lived  three  hundred  years  ago,  when  America  was 
first  discovered,  leave  a:iy  accounts  from  which  even  an  hypo- 
thesis could  be  formed.  Tradition,  —  that  perishable,  yet  ever- 
renewed  monument  olthe  pristine  world,  —  throws  no  light  upon 
the  subject.  It  is  an  undoubted  fact,-  however,  that  in  this  part 
of  the  globe  thousands  of  our  fellow-beings  had  lived.  When 
they  came  hither,  what  was  their  origin,  their  destiny,  their 
histoi'y,  and  iiow  they  perished,  no  one  can  tell, 

How  strange  does  it  appear  that  nations  have  existed,  and 
afterwards  so  completely  disappeared  from  the  earth  that  the 
remembrance  of  their  very  names  is  ell'accd  :  their  languages 
are  lost ;  their  glory  is  vanished  like  a  sound  without  an  echo  ; 
but  perhaps  there  is  not  one  which  has  not  left  behind  it  a  tomb 
in  memory  of  its  })assage.  The  most  durable  monument  of 
human  labor  is  that  which  recalls  the  wretchedness  and  nothing- 
ness of  man. 

Although  the  vast  country  which  we  have  been  describing 
was  inhabited  by  many  indigenous  tribes,  it  maj'  justly  be  said 
at  the  time  of  its  discovery  by  Europeans  to  have  formed  one 
great  desert.  The  Indians  occupied,  without  possessing  it.  It 
is  by  agricultural  labor  that  man  appropriates  the  soil,  nr.d  the 
early  inhabitants  of  North  America  lived  by  the  produce  of  the 
chase.  Their  implacable  prejudices,  their  uncontrolled  pas- 
sions, their  vices,  and  still  more  })erliaps  their  savage  virtues, 
consigned  them  to  inevitable  destruction.  The  ruin  of  these 
nations  began  from  the  day  when  Europeans  landed  on  their 
shores  :  it  has  proceeded  ever  since,  and  we  are  ncv  witnessing 
the  completion  of  it.     They  seem  to  have  been  placed  by 


Providencj 
for  a  seaso| 
mirably  ac 
r  'p  rivers 
vviiole  conl 
a  great  nai 
In  that  ll 
man,  of  th^ 
it  was  (herj 
or  deerr.od 
the  worla  ll 


J  ORIGIN    OF 
I       RELATIC 

Utility  of  knov 
and  tliL'irlii' 
people  hiis 
Ikitisli  Am 
alltlie  Euro 
Coloiii/.atK 
ol'ine  liisl  ii 
Bocialeoiitr 
f.irvoUf'li' 
spirit  of  libi 

After  tin 
ly  spent  in 
up  the  wo 
(MJters  inK 
first  time, 
'.  virtues  of 
This,  il 


lii    lU 


providence  amidst  the  riches  of  the  New  World  to  enjoy  them 
for  a  season,  and  then  surrender  them.  Tiicse  coasts,  so  ad- 
mirably adapted  for  commerce  and  industry  ;  those  wide  and 
f  -p  rivers ;  that  inexhaustible  valley  of  the  Mississippi ;  the 
vvJiole  continent,  in  short,  seemed  prepared  to  be  the  abode  of 
a  great  nation,  yet  unborn. 

In  that  land  the  great  Dxperiment  was  to  be  made  by  civilized 
man,  of  the  attempt  to  construct  society  upon  a  new  basis ;  and 
it  was  there,  for  the  first  time,  that  theories  hitherto  unknown, 
m  deen.ad  impracticable,  were  to  exhibit  a  spectacle  for  which 
the  worla  has  not  been  prepared  by  the  history  of  the  past. 


CHAPTER  II. 


ORIGIN    OF    THE  ANGLO-AMERICANS,  AND    ITS    IMPORTANCE  IN 
RELATION  TO    THEIR   FUTURE    CONDITION. 


Utility  of  knowing  the  origin  of  nations  in  order  to  understand  their  social  condition 
and  their  iasvs. — America  the  only  country  in  which  the  starting-p'int  of  agreat 
people  has  been  clearly  ob)ierval)le. — In  what  respects  all  who  emigrated  to 
British  America  were  similar — in  what  they  difi'er^:' — Remark  applicable  to 
ail  the  Europeans  who  established  ihemselveson  the  shores  of  the  New  World. — 
Coloiii/iition  ol"  Virginia. — Colonization  of  New  England. — Original  character 
ofliie  tirst  inhabitants  of  New  I'ngland — Their  arri  val.— Their  first  Ir.ws  — Their 
Hocial  contract. — I'enal  code  borrowed  from  the  Hebrew  legislation. — Religious 
fervot/|^Ke|)iiblicau  spirit. — Intimate  union  of  the  spirit  of  religion  with  the 
sj)iril  of  liberty. 


?  After  the  birth  of  a  human  being  his  early  years  are  obscure- 
ly spent  in  the  toils  or  pleasures  of  childhood.  As  he  grows 
lip  the  world  receives  him,  when  his  manhood  begins,  and  lie 
enters  into  contact  with  his  follows.  He  is  then  studied  for  the 
fust  time,  and  it  is  imagined  that  the  germ  of  the  vices  and  the 
virtues  of  his  mnturer  years  is  then  formed. 
This,  if  J  ^in  not  mistakei.,  is  a  great  error.     We  must  be- 


')  ■' 


10 


I 


gin  higher  up  ;  we  miist  watch  the  infant  in  his  mother's  arms ;  j-udeness  < 
we  must  see  the  first  images  which  the  external  world  casts  upon  cnou^  h  to 
the  dark  mirror  of  his  mind ;  the  first  occurrences  which  he  to  be  acci 
witnesses  ;  we  must  h.^ar  the  first  words  which  awaken  the  removed  i 
sleeping  powers  of  thought,  and  stand  by  his  earliest  efibrts,  if  jnen  of  oi 
we  would  understand  the  prejudices,  the  habits,  and  the  pas-  prcdecessc 
sions  which  will  rule  his  life.  The  entire  man  is,  so  to  speak, 
to  be  seen  in  the  cradle  of  the  child. 

The  growth  of  nations  presents  sometliing  analogous  to  this ; 
they  all  bear  some  marks  of  their  origin  ;  and  the  circumstances 
which  accompanied  their  birth  and  contributed  to  their  rise, 
aflect  the  whole  term  of  their  being. 

If  we  were  able  to  go  back  to  the  elements  of  states,  and  to 
examine  the  oldest  monuments  of  thei'-  history,  I  doubt  not  thai    |  people  wil 
we  should  discover   the   primary  cause  of  the   prejudices,  the    I  germ  of  al 
habits,  the  ruling  passions,  and  in  sliort  of  ali   that  constitutes    |  to  almost  i 

\  The  ciY 
^  territory  i 
with  prevailing  manners,  oC  siirh  laws  as  conllict  with  establish- 
ed [)rinci|)les,  and  of  such  '  i-i  "ui  opinions  as  are  here  and 
there  to  be  met  with  in  socli  ,  v,  i.Ke  those  (iai>nients  of  broken 


given  us 

allowed  iv. 

iWorld  whi 

If  we  c;i 

irica   after 

r  convinced 

I  even  say  i 


wiiat  IS  called   the  national  eharaeter:  we  should  then  find  the 
explnnation   ol'  certain   customs  which   now  seem  at  variance 


chains  which   we  sometimes  see  hanging  (Voni  the  vault  of  an 


?  each  othei 
thev  gove 
these  i 
they  were 
guage  is  j 


edifice,  and  supporting  nothing.     This  jnight  explain  the  des-   .J 
tinies  of  certain  nations  which  seem  borne  along  by  an  luiknown   I  unite  man 
force  to  ends  of  which   they  themselves   are   ignorant.     But  |  they  were 
hitherto  facts  have  been  wanting  to  researches  of  this  kind  :  the 
spirit  of  inquiry  has  only  come  upon  comnuinitics  in  their  latter 
days;  and  when  they  at  length   turned  their  attention  to  con- 
template their  origin,  time  had  already  obscured  it,  or  ignorance 
and  pride  adorned  it  with  truth-concealing  fables. 

America  is  the  only  country  in  which  it  has  been  possible  to 
witness  the  natural  and  tranquil  growth  of  society,  and  where 
the  influence  exercised  on  the  future  co  'iiti  >  i  ol"  states  by  tlieir 
origin  is  clearly  distinguishable. 

At  the  period  when  the  peoples  of  Ei:  i  <»  '■nded  in  the  New 
World,  their  national  characteristics  were  ri.r<'  uly  eomjiletely 
formed;  each  of  them  had  a  physiognomy  of  its  own  ;  and  as 
they  had  already  attained  that  stage  ol'  civilization  at  which 
men  are  led  to  stiuly  themselves,  they  have  transmitted  to  us  a 
faithful  picture  of  their  opinions,  their  manners,  and  their  laws. 
The  men  of  the  sixteenth  century  are  almost  as  well  known  to 
us  as  our  contemj)oraries.  America  consequently  exhibits  in 
the  broac!  light  of  day  the  phanom?  ..  ■  which  the  ignorance  or        reived  a  < 


I 


which  had 
tion,  and 
place  then 
eilucatiou 
more  con> 
true  freed( 
poraries. 
system,  th 
in  the  liaL 
sovereign 
bosom  of 
The  re 
world  wci 
der  of  thi 
inhabitani 
came  arp 
been  inci 


u 


r  s  arms ; 
astsupon 
vhich  he 
aken  the 
efforts,  if 
the  pas- 
o  speak, 

IS  to  this; 
m  stances 
heir  rise, 

,  and  to 
,  not  that 
ices,  the 
)nstitiitcs 

fiiul  the 
variance 
stablish- 
licre  and 

broken 
lit  of  an 
the  des- 
in  known 
It.  Ikit 
ind :  the 
nr  latter 
to  con- 
iiorancc 

ssible  to 
d  where 
by  tlieir 

the  New 
npletely 

and  as 
t  which 

to  us  a 
ir  laws, 
lown  to 
ibits  in 
ance  or 


tudeness  of  earlier  ages  conceals  from  our  researches.  Near 
'^nou^h  to  the  time  when  the  states  of  America  were  founded 
fto  be  accurately  acquainted  with  their  elements,  and  sufficiently 
♦removed  from  that  period  to  judge  of  some  of  their  results,  the 
jnen  of  our  own  day  seem  destined  to  see  further  than  their 
predecessors  into  the  series  of  human  events.  Providence  has 
given  us  a  torch  which  our  forefathers  did  not  possess,  and  has 
allowed  us  to  discern  fundamental  causes  in  the  history  of  the 
hvorld  which  the  obscurity  of  the  past  concealed  from  them. 

If  we  carefully  examine  the  social  and  political  state  of  Ame- 

Irica   after  having  studied  its  history,  we  shall  remain  perfectly 

convinced  that  not  an  opinion,  not  a  custom,  not  a  law,  1  may 

even  say  not  an  event,  is  upon  ren)rd  which  the  origin  of  that 

J  people  will  not  explain.     The  readers  of  this  book  will  find  the 

■  germ  of  all  that  is  to  follow  in  the  present  chapter,  and  the  key 

to  almost  the  whole  work. 

The  emigrants  who  came  at  difterent  periods  to  occupy  the 
territory  now  covered  by  the  American  Union,  dill'ered  from 
each  other  in  many  respects ;  their  aim  was  not  the  same,  and 
they  governeil  themselves  on  different  principles. 

These  men  had,  however,  certi.in  features  in  common,  and 
they  were  all  |»laced  in  an  analog(Mis  situation.  The  tie  of  lan- 
guage is  })erhaps  the  strongest  and  the  most  durable  that  can 
unite  maidiind.  All  the  emigrants  spoke  the  same  tongue; 
they  were  all  offsets  from  the  same  pco|)le.  Born  in  a  country 
which  had  been  agitated  for  centuries  by  the  struggles  of  fac- 
tion, and  in  which  all  parties  had  been  obliged  in  their  turn  to 
place  themselves  under  the  protection  of  the  laws,  their  political 
education  had  been  [)erfected  in  this  rude  school,  and  they  were 
more  conversant  with  the  notions  of  right,  and  the  principles  ot 
true  freedom,  than  the  greater  [)art  of  their  biUropean  contem- 
poraries. At  the  period  of  the  first  emigrations,  the  parish 
system,  that  fruitfid  germ  of  free  institutions,  was  deeply  rooted 
in  the  habits  of  the  English  ;  and  with  it  the  doctrine  of  the 
sovereignty  of  the  people  had  been  introduced  even  into  the 
bosom  of  the  monarchy  of  the  House  of  Tudor. 

The  religious  (piarrels  which  have  agitated  the  Christian 
world  were  then  rile.  JCugland  had  j)lunged  into  the  new  or- 
der of  things  with  headlong  vehemence.  The  character  of  its 
iidmbitants,  which  had  always  been  sedate  and  rellecting,  be- 
came argumentative  and  austere.  General  information  had 
been  increased  by  intellectual  debate,  and  the  mind  had  re- 
reived  a  deeper  cultivation.     Whilst  religion  was  the  topic  of 


^itiil 

r 

'■1 


12 


discussion,  the  morals  of  the  people  were  reformed.  All  these 
national  features  are  more  or  less  discoverable  in  the  pliysiog- 
nomy  of  those  adventurers  who  came  to  seek  a  new  home  on 
the  opposite  shores  of  the  Atlantic. 

Another  remark,  to  which  we  shall  hereafter  have  occasion 
to  recur,  is  applicable  not  only  to  the  English,  but  to  the 
French,  the  Spaniards,  and  all  the  Europeans  who  successively 
established  themselves  in  the  New  World.  All  these  European 
colonics  contained  the  elements,  if  not  the  devejopjoitnli  of  a 
complete  deniocracy.  Two  .cail5£§.  '^d  to  this  result.  It  m.ny 
salely  be  aclvance^,  that  r  a  leaving  the  modicr-country  the 
'  ^emigrants  had  in  general  l[iio  notion  of  superiorit}-  over  one 
^  ianotherTJ^  The  happy  and  the  powerful  do  not  go  into  exile, 
and  there  are  no  surer  guarantees  of  equality  among  men  than 
poverty  and  misfortune.  It  happened,  however,  on  several  oc- 
casions that  persons  of  rank  were  driven  to  America  by  jioliti- 
cal  and  religious  quarrels.  Laws  were  made  to  establish  a  gra- 
y  '  dation  of  ranks;  but  it  was  soon  found  thatjUie  soil  of  America 
-'  jwas  entirely  opposed  to  a  territorial  aristocracy'Ti  To  brintr 
that  refractory  land  into  cultivation,  the  constant  and  interested 
exertions  of  the  owner  himself  were  necessary  ;  and  when  the 
ground  was  prepared,  its  produce  was  found  to  be  insuflicicnt 
to  enrich  a  master  and  a  farmer  at  the  same  time.  The  land 
was  then  naturally  broken  up  into  small  portions,  which  the 
proprietor  cultivated  for  himself.  Land  is  the  basis  of  an  aris- 
tocracy, which  clings  to  the  soil  that  su|)ports  it ;  lor  it  is  noi 
by  privileges  alone,  nor  by  birth,  but  by  landed  property  hand- 
ed down  from  generation  to  generation,  that  an  aristocracy  is 
constituted.  A  nation  may  present  immense  fortunes  and  ex- 
treme wrctchedne?  ;  but  uidess  those  fortunes  are  territorial, 
there  is  no  aristocracy,  but  simj)ly  the  class  of  the  rich  and  that 
of  the  poor. 

All  the  British  colonies  had  then  a  great  degree  of  similarity 
at  the  epoch  of  their  settlement.  All  of  them,  from  their  first 
begirming,  seemed  destined  to  witness  the  growth,  not  of  the 
aristocratic  liberty  of  their  mother-country,  but  of  that  freedom 
of  the  middle  an(l  lower  orders  of  which  the  history  of  the  world 
has  as  yet  furnished  no  complete  example. 

In  this  general  uniformity  several  striking  diHerences  were 
however  discernible,  which  it  is  necessary  to  point  out.  Two 
brandies  may  be  distinguished  in  the  Anglo-American  family 
which  have  hitherto  grown  up  without  entirely  commingling  ; 
the  one  in  the  South  the  othe.  in  the  ISorth. 


I 


13 


All  these 

I  pliysiog. 
home   oil 


occasion 
lU  to  tho 
fcessivel)' 
Kuropcaii 
lUUi  of  a 
It  may 
iintry   the 

over  one 
nto  exile, 
men  than 
?veral  oc- 
by  politi- 
ish  a  gra- 
"  America 
To  bring 
interested 
ivhcn  the 
isuflicient 
rhe  land 
■hich  the 
i'  i\\\  aris- 
r  it  is  not  • 
rty  hand- 
ocracy  is  ■} 

and  ex-  ; 
?rritorial, 
I  and  that 

similarity 
their  first 
ot  of  the 
:  freedom 
the  world 

ices  were 
t.  Two 
n   family 

ingiintj  ; 


Virginia  received  the  first  English  colony ;  the  emigrants 
took  possession  of  it  in  1607.  The  idea  that  mines  of  gold  and 
silver  are  the  sources  of  national  wealth  was  at  that  time  sin- 
gularly prevalent  in  Europe  ;  a  fatal  delusion,  which  has  done 
more  to  impoverish  the  nations  which  adopted  it,  and  has  cost 
more  lives  in  America,  than  the  united  influence  of  war  and 
bad  laws.  The  men  sent  to  Virginia*  were  seekers  of  gold, 
adventurers  without  resources  and  without  character,  whose 
turbulent  and  restless  spirits  endangered  the  infant  colonyt  and 
rendered  its  progress  uncertain.  The  artisans  and  agricultu- 
rists arrived  afterwards ;  and  although  they  were  a  more  moral 
and  orderly  race  of  men,  they  were  in  nowise  above  the  level  of 
the  inferior  classes  in  England.:):  No  lofty  conceptions,  no  in- 
tellectual system  directed  the  foundation  of  these  new  settle- 
ments. The  colony  was  scarcely  established  when  slavery  was 
introduced, §  and  this  was  the  main  circumstance  which  has  ex- 
ercised so  prodigious  an  influence  on  the  character,  the  laws, 
and  all  the  future  prospects  of  the  South.    ^^OA'ewKZ-       L/Nvjoi//? 

Slavery,  as  we  shall  afterwards  show,  dishonors  labor;  it  in- 
troduces idleness  into  society,  and,  with  idleness,  ignorance  and 
pride,  luxury  and  distress,  it  enervates  the  powers  of  the  mind, 
and  benumbs  the  activity  of  man.  The  Influence  of  slavery, 
united  to  the  English  cliaractcr,  explains  the  manners  and  the 
social  condition  of  the  Southern  States. 

In  the  North,  the  same  English  foundation  was  modified  by 
the  most  opposite  shades  of  character  ;  and  here  I  may  be  al- 
lowed to  enter  into  some  details.  The  two  or  three  main  ideas 
which  constitute  the  basis  of  tho  social  theory  of  the  United 
States  were  first  combined  in  the  Northern  British  colonies, 


*  Tlie  cliiirter  grantPil  by  tlie  Crown  oT  rnslniKl  in  IHO!)  stipulatcfl,  amongst 
other  conclitioim.  that  t!io  adventurers  slionlcl  |)ay  to  the  Crown,  a  tifth  of  the 
produce  of  all  gold  and  silver  nnnes.  See  MarshalPs  '  Life  of  Washington,  vol.  i. 
p.  18-ti().' 

t  A  large  ])ortion  of  the  adventurers,  says  Stitli,  (History  of  Virgiiii  i,)  were  iin- 
prineipled  yonng  men  of  fain  ly,  whom  their  parents  were  glad  to  siiip  olf,  dis- 
charged servants,  fraiidnleiit  haidirnpts,  or  del)  iiiohees  :  and  others  of  the  same 
class,  people  more  apt  to  |)illa<:e  and  destroy  tlian  to  assist  the  settlement  were 
the  seditions  chiefs  who  easily  led  this  hand  into  every  kind  ol'  e.\travagance  and 
excess.     Se<i  for  the  history  of  Virginia  the  followin    works: — 

'  History  of  Virginia,  from  the  fust  Settlements  in  the  year  U5'24,'  by  Smith. 

'History  of  \'irginia,'  by  William  Slilli. 

'  History  of  Virginia,  from  the  (earliest  period,'  by  Beverley. 

t  It  was  not  till  some  time  later  that  a  certain  number  of  rich  English  capitalists 
cann;  to  fix  themselves  in  ilie  colony. 

ij  Slavery  was  introduced  ahont  the  year  IGOO  by  a  Dutch  vessel  which  lauded 
twenty  negroes  on  the  banks  of  the  river  Jamea.     See  Chaluier, 


h 
r 

p 

'i  II 

If  * 


"  J 


u 


more  generally  denominated  the  states  of  New  England.*  The 
principles  of  New  JLngland  spread  at  first  to  the  neighboring 
states  ;  they  then  passed  successively  to  the  more  distant  ones; 
and  at  length  they  imbued  the  whole  Confederation.  They 
now  extend  their  influence  beyond  its  limits  over  tlie  whole 
American  world.  The  civilization  of  New  England  has  been 
like  a  beacon  lit  upon  a  hill,  which  after  it  has  diiliiscd  its 
warmth  around,  tinges  the  distant  horizon  with  its  glow. 

The  ibundation  of  New  England  was  a  novel  spectacle,  and 
all  the  circumstances  attending  it  were  singular  and  original. 
Tiie  large  majority  of  colonies  have  been  first  inhabited  either 
by  men  without  education  and  without  resources,  driven  by 
their  poverty  and  their  misconduct  from  the  land  which  gave 
them  birth,  or  by  speculators  md  adventurers  greedy  of  gain. 
Some  settlements  cannot  even  boast  so  honm'able  an  origin  ; 
St.  Domingo  was  founded  by  buccaneers  ;  and,  at  the  present 
day,  the  criminal  courts  of  England  supply  the  population  of 
Austialia. 

The  settlers  who  established  themselves  on  the  shores  of  New 
England  all  belonged  to  the  more  independent  classes  of  their 
native  country.  Their  union  on  the  soil  of  America  at  once 
presented  the  singular  phainomenon  of  a  society  containing 
neither  lords  nor  common  people,  neither  rich  nor  poor.  These 
men  possessed,  in  proportion  to  their  number,  a  greater  mass 
of  intelligence  than  is  to  be  found  in  any  European  nation  of 
our  own  time.  All,  without  a  single  exception,  had  received 
a  good  education,  and  many  of  them  were  known  in  Eurof^e  for 
their  talents  and  their  acquirements.  The  other  colonies  had 
been  founded  by  adventurers  without  family  ;  the  emigrants  of 
New  England  brought  with  them  the  best  elements  of  order 
and  morality,  they  landed  in  the  desert  accompanied  by  their 
wives  and  children.  But  what  most  especially  distinguished 
them  was  the  aim  of  their  undertaking.  They  had  not  been 
obliged  by  necessity  to  leave  their  country,  the  social  position 
they  abandoned  was  one  to  be  regretted,  ai.d  their  means  of 
subsistence  were  certain.  Nor  did  they  cross  the  Atlantic  to 
improve  their  situation  or  to  increase  their  wealth  ;'llie  call 
which  sunnnoncd  them  from  the  comforts  of  their  homes  was 
purely  intellectual  ;  and  in  facing  the  inevitable  sufferings  of 
exile,  their  object  was  the  triumph  of  an  idcjuj. 

*  The  States  of  New  England  are  those  situated  to  the  East  of  the  Hudson  ; 
they  are  now  six  in  number:  1.  Coiniecticut;  2.  llliode  Island;  3.  31assa- 
chussetts;    4.  Vcrtaoiil;    5.  New  Hampshire;    C.  AJaiue. 


Thee 

Pilgrims, 
principle 
tanism  w 
in  many 
can  theoi 
dangeroi] 
mother-c 
posed  to 
forth  to  s 
where  thi 
worship  ( 
A  iew  ( 
pious  adv 
ton,*   the 
opens  his 
"Ge 
"Ihav 
incumben 
have  had 
signall  del 
of  this  P 
gracious  ( 
ments  the 
Sacred  Sc 
fathers  ha 
cur  child 
the  Lord 
the  child 
ber  his  me 
plantin 
his  mouth 
that  He  a 
for  it  and 
(Psalm  Ix 
guided  his 
planted  th 
precious  G 
have  the  u 
rays  of  glc 
were  the  i 
terprise." 

*  '  New  E 
History,'  vol 


r( 


Id 


The  emigrants,  or,  as  they  deservedly  styled  themselves,  the 
Pilgrims,  belonged  to  that  English  sect,  the  austerity  of  whose 
principles  had  acquired  for  them  the  name  of  Puritans.  Puri- 
tanism was  not  merely  a  religious  doctrine,  but  it  corresponded 
in  many  points  with  the  most  absolute  democratic  and  republi- 
can theories.  It  was  this  tendency  which  had  aroused  its  most 
dangerous  adversaries.  Persecuted  by  the  Government  of  the 
mother-country,  and  disgusted  by  the  habits  of  a  society  op- 
posed to  the  rigoi^fof  their  own  principles,  the  Puritans  went 
forth  to  seek  some  rude  and  unfrequented  part  of  the  world, 
where  they  could  live  according  to  their  own  opinions,  and 
worship  God  in  freedom. 

A  few  quotations  will  throw  nriore  light  upon  the  spirit  of  these 
pious  adventurers  than  all  we  can  say  of  them.  Nathaniel  Mor- 
ton,*  the   historian  of  the  tirst  years  of  the  Settlement,  thus 
opens  his  subject : 
"  Gentle  Reader, 

"  I  have  for  some  length  of  time  looked  upon  it  as  a  duty 
incumbent,  especially  on  the  immediate  successors  of  those  that 
have  had  so  large  experience  of  those  many  memorable  and 
gignall  demonstrations  of  God's  goodness,  viz.  the  first  beginners 
of  this  Plantation  in  New  England,  to  commit  to  writing  his 
gracious  dispensations  on  that  behalf;  having  so  many  induce- 
ments thereunto,  not  onely  othei-wise,  but  so  plentifully  in  the 
Sacred  Scriptures  :  that  so,  what  we  have  seen,  and  what  our 
fathers  have  told  us,  (Psalm  Ixxviii.  3,  4,)  we  may  not  hide  from 
cur  children,  shewing  to  the  generations  to  come  the  praises  of 
the  Lord  ;  that  especially  the  seed  of  Abraham  his  servant,  and 
the  children  of  Jacob  his  chosen  (Psalm  cv.  5,  6,)  may  remem- 
ber his  marvellous  works  in  the  beginning  and  progress  of  the 
planting  of  New  England,  his  wonders  and  the  judgements  of 
his  mouth  ;  how  that  God  brought  a  vine  into  this  wilderness ; 
that  He  cast  out  the  heathen  and  planted  it ;  that  he  made  room 
for  it  and  caused  it  to  take  deep  root ;  and  it  filled  the  land 
(Psalm  Ixxx.  8,  9.)  And  not  onely  so,  but  also  that  He  hath 
guided  his  people  by  his  strength  to  his  holy  habitation,  and 
planted  them  in  the  mountain  of  his  inheritance  in  respect  of 
precious  Gospel-enjoyments  :  and  that  as  especially  God  may 
have  the  glory  of  all  unto  whom  it  is  most  due  ;  so  also  some 
rays  of  glory  may  reach  the  names  of  those  blessed  Saints,  that 
were  the  main  instruments  and  the  beginning  of  this  happy  en- 
terprise." 


*  '  New  England's  Memorial,'  p.  13. 
History,'  vol.  ii.  p.  440. 


Boston,  1826.    Sea  also  '  Hutchinion'a 


f  I 


\ 


r 

•J  •  ■'■• 

1;'   » 


S' 


:n:'H 


■\-  ;;i 


% 


16 

It  i.s  impossible  to  read  this  opening  paragraph  without  an  in- 
voluntary feeling  of  religions  awe  ;  it  breathes  the  very  savo|^(V. 
of  Gospel  antiquity.  The  sincerity  of  the  author  heightens  his 
power  of  language.  The  band  which  to  his  eyes  was  a  mere 
party  of  adventurers  gone  forth  to  seek  their  fortune  beyond 
seas,'  appears  to  the  reader  as  the  germ  of  a  great  nation  wafted 
by  Providence  to  a  predestined  shore. 

The  author  thus  continues  his  narrative  of  the  departure  of 
the  first  pilgrims. 

"  So  they  left  that  goodly  and  pleasant  city  of  Leyden,  which 
had  been  their  resting-place  for  above  eleven  years  ;  but  they 
knew  that  they  were  pilgrims  and  strangers  here  below,  and 
looked  not  much  on  these  things,  but  lifted  up  their  eyes  to 
Heaven,  their  dearest  country,  where  God  hath  prepared  for 
them  a  city  (Heb.  xi.  16,)  and  therein  quieted  their  spirits. 
When  they  came  to  Delfs-Haven  they  found  the  ship  and  all 
things  ready  ;  and  such  of  their  friends  as  could  not  come  with 
them,  followed  after  them,  and  sundry  came  from  Amsterdam 
to  see  them  shipt,  and  to  take  their  leaves  of  them.  One  night 
was  spent  with  little  sleep  with  the  most,  but  with  friendly  en- 
tertainment and  Christian  discourse,  and  other  real  expressions 
of  true  Christian  love.  The  next  day  they  went  on  board,  and 
their  friends  with  them,  where  truly  doleful  was  the  sight  of 
that  sad  and  mournful  parting,  to  hear  what  sighs  and  sobs  and 
prayers  did  sound  amongst  them  ;  what  tears  did  gush  from 
every  eye,  and  pithy  speeches  pierced  each  other's  heart,  that 
sundry  of  the  Dutch  strangers  that  stood  on  the  Key  as  spec- 
tators could  not  refrain  from  tears.  But  the  tide  (which  stays 
for  no  man)  calling  them  away,  that  were  thus  loth  to  depart, 
their  reverend  pastor  falling  down  on  his  knees,  and  they  all 
with  him,  with  watery  cheeks  commended  them  with  most  fer- 
vent prayers  unto  the  Lord  and  his  blessing  ;  and  then,  with 
mutual  embraces  and  many  tears,  they  took  their  leaves  one 
of  another,  which  proved  to  be  the  last  leave  to  many  of  them." 

The  emigrants  were  about  150  in  number,  including  the 
women  and  the  children.  Their  object  was  to  plant  a  colony 
on  the  shores  of  the  Hudson  ;  but  after  having  been  driven 
about  for  some  time  in  the  Atlantic  Ocean,  they  were  forced 
to  land  on  that  arid  coast  of  New  England  which  is  now  the 
site  of  the  town  of  Plymouth.  The  rock  is  still  shown  on 
which  the  pilgrims  disembarked.* 

*  This  rook  is  become  an  object  of  veneration  in  the  United  States.  I  have 
Been  bits  of  it  carefully  preserved  in  several  towns  of  the  Union.  Does  not  this 
Buf&cieatly  show  that  all  human  power  and  greatness  is  in  the  soul  of  man  ?  Here 


4 


"But 
reader  w 
people's 
tion  of 
for  beini 
fore  the  I 
them,  n( 
much  le 
for  the 
winters 
subject  t 
places,  n 
could  the 
wilde  bei 
there  we 
turned  tl 
but  little 
for  sumn 
weather- 
thickets  1 
hind  then 
and  was  i 
the  civil  \ 

It  musi 
a  merely 
course  of 
marked,  ^ 
No  soone 
scribed  b; 
stitute  a  s 

"In  t 
underwrii 
King  Jan 
and  advai 
King  and 
northern 
mutually, 
and  com! 
our  bette 
ends  afor 
frame  sue 

is  !i  stone  \v 
becomes  far 
1)  ■ :  and  wh 

*  'iVew  J 


'"^ 


17 


lil 


le 


id 


!l 


re 


"  But  before  wc  pass  on,"  continues  onr  liistoiian,  "  let  the 
reader  with  irie  make  a  pause  and  seriously  consider  this  poor 
people's  present  condition,  tlie  more  to  be  raised  up  to  adndra- 
tion  of  God's   goodness  towards  them   in   their  jircservation  : 
lor  being  now  passeil  the  vast  oetuui,  and  a  sea  ol   troubles  be- 
fore them  in  expectation,  they  bad  now  no  friends  to  welcome 
them,  no  inns  to  entertain  or  refresh  them,  no  houses,  or 
much  less  towns  to  repair  unto   to  seek    for   succour  ;  and 
for  the  season    it    was    winter,    and    they    that    know    the 
winters  of  the  country  know  them   to  be  sharp  and  violent, 
subject  to  cruel  and  lie  ice  storms,  dangerous  to  travel  to  known 
places,  much  more  to  search  unknown  coasts,     besides,  what 
could  they  see  but  a  hideous  and   desolate  wilderness,   full  of 
wilde  beasts,   and  wilde  men  1  and   wliat  multitudes  of  them 
there  were,  they  then  knew  not :  for  which  way  soever  they 
turned  their  eyes  (save  upward  to  heaven)  they  could  have 
but  little  solace  or  content  in  respect  of  any  outward  object ; 
for  summer  being  ended,  all  things  stand  in  appearance  with  a 
weather-beaten  face,  and  the  whole  country  full  of  woods  and 
thickets  represented  a  wild  and  savage  hue  ;  if  they  looked  be- 
liind  them,  there  was  the  mighty  ocean  which  they  had  passed, 
and  was  now  as  a  main  bar  or  gul[)h  to  se[)arate  them  from  all 
the  civil  parts  of  the  world." 

It  must  not  be  imagined  that  the  jiicty  of  the  Puritans  was  of 
a  merely  speculative  kind,  or  that  it  took  no  cognisance  of  the 
course  of  worldly  affairs.  Puritanism,  as  I  have  already  re- 
marked, was  scarcely  less  a  political  than  a  religious  doctrine. 
No  sooner  had  the  emigrants  landed  on  the  barren  coast,  de- 
scribed by  Nathaniel  Morion,  than  their  first  care  was  to  con- 
stitute a  society,  by  passing  the  following  Act  '/'^ 

"  In  the  nami:  of  (jod,  Ami:n  !  ^^'e,  whose  names  arc 
underwritten,  the  loyal  subjects  of  our  dread  Sovereign  Lord 
King  James,  Sec.  &c.,  Having  undertalcen  tor  the  gloiy  of  Uod, 
and  advancement  of  the  Christian  Faith,  and  the  hcjuol^'of  our 
King  and  country,  a  voyage  to  plant  the  first  colony  in  the 
northern  parts  of  Virginia  ;  Do  by  these  presents  solemnly  and 
mutually,  in  the  presence  of  God  and  one  another,  covenant 
and  combine  ourselves  together  into  a  civil  body  politick,  for 
our  better  ordering  and  preservation,  and  I'urtherance  of  the 
ends  aforesaid  :  and  by  virtue  hereof  do  enact,  constitute  and 
frame  such  just  and  e(|ual  laws,  ordinances,  acts,  constitutions, 

is  ;i  stone  whidi  tho  foot  of  a  li!\v  oiitrasts  prcsstHl  for  an  instrnit,  and  this  stone 
becomes  famous ;  it  is  treasured  by  a  ^reat  niition,  its  very  dast  is  shared  as  a  rc- 
li.':  and  what  is  become  of  tiic  gate\v;iys  of  a  tlioiisaud  palaces  ! 
*  'New  England's  Memorial/  p.  37. 

3 


r 

«1  ,» 


I 


1 


lf.'» 


f 


18 

and  ofliccrs,  from  time  to  time,  ;i.s  shall  l)c  tiujiiijjlit  most  meet 
and  convenient  lor  the  f,^encial  i^Dod  ot'lhe  colony  :  nnto  which 
we  promise  all  due  suhmission  and  (jhedience,"  icc.'^" 

This  happened  in  1(J2(),  and  I'rom  that  time  I'orvvards  the 
emigration  went  od.  The  reliuiou:;  and  polilieal  |»a3sions  wdiich 
ravaged  the  liriti.sh  I'impire  during  the  whole  rdgn  of  Charles 
I.,  di'ove  I'resh  crowds  of  sectarians  every  year  to  the  shores  of 
America.  In  England  the  stronghold  ol  Puritanism  was  in  the 
middle  classes,  and  it  was  I'rom  the  middle  classes  that  the  ma- 
jority of  the  emigrants  came.  The  population  ol"  New  I'Lngland 
increased  rapidly  ;  and  whilst  the  lieii'archy  ol"  rank  dtspoti- 
cally  classed  the  inhahitants  of  the  mother-country,  the  colony 
continued  to  present  the  novel  spectacle  ol"  a  comnumity  homo- 
geneous in  all  its  jjaits.  A  democi-acy,  more  jieil'ect  than  any 
which  anti(piity  had  dreampt  of,  started  in  full  size  and  pano[)ly 
irom  the  midst  of  an  ancient  feudal  society. 

The  I'iUglish  Glovernment  was  not  dissatisfied  with  an  emi- 
gration which  removed  the  (dements  of  fresh  discord  and  of 
further  revolutions.  On  the  contrary,  every  thing  was  done 
to  encourage  it,  and  little  attention  was  paid  to  the  destiny  of 
those  who  sought  a  shelter  from  the  ligor  of  their  country's 
laws  on  the  soil  of  America.  It  seemed  as  if  New  England 
was  a  region  given  up  to  the  dreams  of  fancy,  and  the  unre- 
strained exj)eriments  of  innovators. 

The  English  colonies  (and  this  is  one  of  the  main  causes  of 
their  prosperity,)  have  always  enjoyed  more  internal  freedom 
and  more  political  independence  than  the  colonies  of  other  na- 
tions ;  hut  this  principle  of  liberty  was  nowhere  more  exten- 
sively applied  than  in  the  States  of  New  I'>ngland. 

It  was  generally  allowed  at  that  period  that  the  territories  of 
the  New  World  belonged  to  that  European  nation  which  had 
been  the  tirst  to  discover  them.  Nearlv  the  whole  coast  of 
North  America  thus  became  a  liritish  possession  toward  the 
end  of  the  sixteenth  century.  The  means  used  by  the  English 
Government  to  ^people  these  new  domains  were  of  several 
kinds  ;  the  K'  ;g  sometimes  appointed  a  governor  of  his  own 
choice,  who  ruled  a  portion  of  the  New  World  in  the  name 
and  under  the  immediate  orders  of  the  Crown  ;f  this  is  the 
colonial  system  adopted  by  the  other  countries  of  Europe, 

*  The  emigrants  who  founded  the  state  of  Riiodo  Island  in  tCw^,  tliose  who 
landed  at  New  Haven  in  10:57,  the  fust  settlors  in  Connocticnt  in  1(331),  and  the 
founders  of  Providence  in  Kilt),  began  in  like  manner  l>y  drawing  up  a  social 
contract,  wiiich  was  submitted  to  the  approval  of  all  the  interested  jiarlies.  Set 
'  Pitkin's  History,'  pp.  42  and  47. 

t  This  was  the  case  in  the  State  of  New  York. 


t 


Somctim 
an  itidivi 
])olitieal  ] 
und(M'  th 
and  govc 
in  allowi 
cal  soeiet 
govern 
This  mo 
was  only 

In  \Q>1 
tltc  em 
liut,  in  g( 
liUglaiul 
I'roviden 
lihode  h 
most  witl 
settlers  d 
empire,  a 
slituled  a 
or  forty  } 
cnce  was 

This  fi 
connecte 
studying 
England, 
they  nan 
war,  mail 
giance  w 

'  IMai-yla 
tion.     t:M'f" 

t  See  tlu 
thrnt'f  D<>n 
Aniincii,  I'l 
nifMits  rolati 
their  router 
fd  hy  the  \\ 

^^(■^■■  also 
preiiie  Coil 
(.!!oiislitiititi 
ciples  of  re 
were  inlroci 
fully  acted 

\  See  Pi 
setts  liay,  li 

V^   Set-  I'i 

il  The  in 
preserved  i 
justice  wer 


ID 


l"50inctimcs  grants  of  certain  tracts  were  made  by  the  Crown  to 
an  indiviikial  or  to  a  company,*  in  which  case  all  ;hc  civil  and 
jjojitical  power  fell  into  the  hands  of  one  or  more  i)ersons,  who, 
nnder  the  insi/cction  and  control  of  the  Crown,  sold  the  lands 
and  ji^overned  the  inhabitants.  Lastly,  a  third  system  consisted 
in  allowing-  a  certain  nnmber  of  emif^i'ants  to  constitute  a  politi- 
cal society  under  the  |)rotection  of  the  motlier-country,  and  to 
i^overn  themselves  in  whatever  was  not  contrary  to  her  laws. 
This  mode  of  colonization,  so  remarkably  fav(M'ablc  to  liberty, 
was  oidy  adojited  in  New  I'inirland.f 

in  1G28|:  a  charter  of  this  kind  was  granted  ])y  Charles  I.  to 
the  emigrants  who  went  to  form  the  colony  of  Massachusetts, 
liut,  in  general,  charters  wore  not  given  to  the  colonies  of  New 
r^nglaiul  till  they  had  acHjuired  a  certain  existence.  Plymouth, 
I'rovidencc,  New  Haven,  the  State  of  Connecticut,  and  that  of 
Rhode  Island^  were  founded  without  the  co-opeiation  and  al- 
most without  the  knowledge  of  the  mother-country.  The  new 
sottleis  ditl  not  derive  their  incoi-poration  from  the  head  of  the 
empire,  although  they  did  not  deny  its  supremacy  ;  they  con- 
slitiiled  a  society  of  their  own  accord,  and  it  was  not  till  thirty 
or  forty  years  afterwards,  uiuler  Charles  II.,  that  their  exist- 
ence was  legally  recognised  by  a  royal  charter. 

This  freciuently  renders  it  didicult  to  detect  the  link  which 
connected  the  emigrants  Avith  the  land  of  their  forefathers,  in 
studying  the  earliest  historical  and  legislative  records  of  New 
I'higlaiul.  They  jjerpetually  exercised  the  lights  of  sovereignty ; 
they  named  their  magistrates,  concluded  j)eace  or  declared 
war,  made  police  regulations,  and  enacted  laws  as  if  their  alle- 
giance was  due  only  to  God.||     Nothing  can  be  more  curious, 

"  Maryland,  tin-  Caroliiias.  roiin.-ylvaiiia,  and  New  Jersey  were  in  this  situti- 
lioii.     See  I'llkiii's  Hi-;!ury,  vol.  i.  p'  1 1 — :U, 

t  See  the  worl;  eiititlcil  ^  li'sturintl  ('(illir^li)ii  of  Slate  /'('/;r,'s  /nid  otitrr  an- 
tli'iith'  Djciiiih  Ills  lull  nihil  iis  uiiiiinnls  fur  mi  llisliinj  of  llw.  (  nitnl  Slatix  of 
Aiiiini'ii.  I'll  I'.liiiuvr  lliisfinl,  I'liiliuldpliin,  179'2/  for  a  great  niiinher  ol' doeu- 
nieiils  relat/ii.i;  to  the  ooniineiicenient  of  tiie  colonie.s,  wliicli  are  saliiahle  from 
their  Cdiiteiils  and  tiicir  aiitheiitieily  ;  anioniiisl  ihein  an'  tlie  various  charters  grant- 
ed hy  the  Kini;  ol"  I'.nglaiuh  and  tjie  tlrst  aets  of  the  lo(;al  governments. 

.See  also  the'  analysis  of  all  these  rharlers  given  hy  Mr.  Mlory,  .ludge  of  the  Su- 
preme Court  of  the  lulled  Slates,  in  the  Introduetiou  to  his  Connuentary  on  the 
(^)nstitiilion  of  the  I'uited  Slates.  It  resiills  from  these  documents  that  the  prin- 
ciples of  representati\  e  ;roverument  and  th<!  external  forms  of  political  liberty 
were  introdiieed  into  all  the  colonies  at  their  origin.  These  priiiei])les  were  nioro 
fully  acled  M|iou  in  the  North  th.n  iu  the  South,  hut  ihev  existed  everywhere. 

t  See  I'ukiu's  History,  |).  ;'),).  Sec  the  History  of  the  Colony  of  JMassachu- 
setts  I5ay,  hy  Mulehiusou,  vol.  i.  p.!). 

V^  Si-e  I'ilkiu's  [listory.  ])p.  'VI.  47. 

11  The  inhahilanis  of  .Massacliiwetts  had  deviated  fiom  the  forms  which  are 
preserved  in  the  eiimiual  and  civ  il  proci'diiie  of  Kugiaml  :  in  !().')()  the  decrees  of 
justice  were  not  yet  headed  by  the  royal  .style.     See  Hutchinaon,  vol.  i.  p.  4.32. 


c 


mil 


ri'i 


o 


ie»i> 

!*  ' 

IM 


i 
I 


Tl 


20 

and  at  tlic  fiamc  time  more  instructive,  than  the  IcgisUition  of 
that  period  ;  it  is  tlicrc;  that  the  solution  of  the  great  social 
problem  which  the  United  States  now  present  to  the  world  is 
to  he  found. 

Anioni,^st  these  documents  we  shall  notice,  as  especially 
characteristic,  tiie  Code  of  laws  promulgated  by  the  little  State 
of  Coniirelicut  in  1G50.* 

Tiu;  logislators  of  Connecticut!  begin  with  the  penal  laws, 
and,  straii<;e  to  say,  they  borrow  their  provisions  from  the  text 
of  Holy  Writ. 

*'  Whosoever  shall  worshipany  other  God  than  the  Lord,"  says 
the  preamble  of  the  Code,  "  shall  surely  be  put  to  death."  This 
is  followed  by  ten  or  twelve  enactments  of  the  same  kind, 
copied  verbatim  Ironi  the  books  of  Exodus,  Leviticus,  and 
Deuteronomy.  Bla3])hcmy,  sorcery,  adultery,:}:  and  rape  were 
punished  with  death  ;  an  outraj^e  ollbred  by  a  son  to  his  parents 
was  to  be  expiated  by  the  same  penalty.  The  legislation  of  a 
rude  and  hall-eivili/.cd  people  was  thus  transferred  to  an  en- 
lightened and  moral  community.  The  conse(juence  was  that 
the  j)unishnicnt  ol"  death  was  never  more  frequently  pi'escribed 
by  the  statute,  and  never  more  rarely  enforced  towards  the 
guilty. 

The  chief  care  of  the  leg'  n's,  in  this  body  of  penal  laws, 
was  the  maintenance  of  on!  .conduct  and  good  morals  in 

the  community  :  they  constantly  invaded  the  domain  of  con- 
science, and  there  was  scarcely  a  sin  which  they  did  not  sub- 
ject to  magisterial  censure.  The  reader  is  aware  of  the  rigor 
with  \vhicl)  these  laws  yjnished  rape  and  adultery  ;  intercourse 
hetwcen  unmarri(;;l  persons  v/as  likewise  severely  re})ressed. 
The  judge  was  empowered  to  inllict  a  pecuniary  penalty,  a 
whip])ing,  or  maniage,§  on  the   misdemeanants  ;  and  if  the 

*  Co(l(>  of  KmO.  p.  0-;.  ITartfnnl,  ]s;in. 

t  Set!  also  ill  lliitcliiii-^on's.  llistoiv,  vol.  i  jip.  4",").  450,  tlie  aml^'sis  of  the  pe- 
nal code  a(!o]it(Ml  in  IMf^  hy  llu;  cdloiiy  of  IMas.-<achusetts  :  this  code  is  drawn  up 
on  tlic  same  pnii^:ii)le<i  as  that  of  (Jonin'cliciit. 

t  Adidtery  was  also  pii;iisii(,'(i  wiili  dcalli  by  the  law  of  .Massaehiisetts ;  and 
IliUchiiisoii,  vol.  i.  p.  441,  says  that  several  persons  actually  siitfered  for  this 
crime.  lltMjiiotes  a  curious  aiK-edote  on  this  siil)j(.'Ct,  which  occurred  in  the  year 
IGfi:).  A  married  woman  had  had  criminal  intercourse!  with  a  young  man;  her 
liusband  died,  and  she  married  the  lover.  Several  years  had  elapsed,  when  the 
jiuhlic  he^an  to  suspect  the  previous  intercHinrse  of  this  couple  :  they  were 
thrown  into  prison,  put  upon  trial,  anrl  very  narrowly  escaped  capital  piiiiislmient. 

^N  Code  of  ](i.')0,  p.  4'-'.  It  seems  sometiuics  to  have  happened  that  the  judges 
superadded  llu-se  piiuisluiieiits  to  (;a(!h  other,  as  is  seen  in  a  .sentence  pronounced 
in  lt)4:!,  (p.  114,  i\ew  Jlavcu  AutKpiilies,)  hy  which  Margaret  Bedford, convicted 
of  loose  conduct,  was  c;jndemiied  to  be  wliipt,  and  afterwards  to  uiarry  Nicolas 
Jeinmings  her  accomplice. 


1 


1 


} 


,1 


i 
i 


'^ 


01 


This 
kind, 


rigor 


)f  the  po-    I 
liawii  up 


records  of  the  old  courts  of  New  TTavcn  mny  he  hnlleved,  pro- 
seciUious  of  tills  kind  ultc;  iK)t  uidirquciit.  VV'e  fmd  a  scntcucf!, 
beariiij^  date  the  1st  of  May,  KJUO,  iiillietiiig  a  fine  and  a  repri- 
mand on  a  youn;^  woman  who  was  accused  of  usinj?  inipioper 
laniifuaare,  and  of  allowing?  herself  to  be  kissed.*  The  code  of 
KJjO  al)ounds  in  preventive  measures.  It  punishes  idleness 
and  drunkenness  with  sev('iity.t  Innkeepcis  are  forbidden  to 
furnish  more  than  a  certain  (pumlity  of  iicjuor  to  each  consumer; 
anti  simi)le  lyini;,  wlienever  it  may  be  injurious,:|:  is  checked  by 
a  fnic  or  a  ll oiriJfin;^.  In  other  places,  the  lei^islator,  entirely 
forgetting  iUa  gre;it  principles  of  rrligious  toleiation  wiiich  he 
had  hinijelf  upheld  in  Euiope,  renders  attendance  on  divine 
service  con)pnls(ji'y,§  and  gi)(.;s  so  iai  as  to  visit  with  severe 
punishment,||  and  even  with  death,  the  Christians  who  chose 
to  worship  (iod  aecording  to  a  ritual  diilciing  from  his  own.^f 
Sometimes  indeed  the  zeal  of  his  enactments  iiitluces  him  to 
descend  to  the  mo;^t  frivolous  particulars  :  thus  a  law  is  to  be 
found  in  the  same  Code  which  prohibits  the  use  of  tc^bacco.** 
It  nuist  not  be  forgotten  that  these  fantastical  and  vexatious 
laws  were  not  imposed  by  authority,  but  that  they  weie  freely 
voted  by  all  the  persons  interested,  and  that  the  nuuiners  of  the 
community  were  even  more  austere  and  more  puritanical  than 
the  laws.  In  Hi  If)  a  solemn  association  was  formed  in  Boston 
to  check  the  wieldly  luxury  of  long  hair.ff 

These  errois  are  no  doubt  discreditable  to  fhc  human  reason  ; 
they  attest  the  inferiority  ol  our  nature,  which  is  inca])able  of 
laying  firm  hold  upoii  what  is  true  and  just,  and  is  often  reduced 
to  the  alternative  ol'  two  excesses.  In  strict  connexior  with 
this  penal  legislation,  which   bears  such  striking  marks  of  a 

*  Now  IFiivon  Aiitii|uitiiM,  p.  10  t.  Sec  also  Iliitcliiiison's  History  for  several 
causps  t'(|ii;illy  cxtriioiilinaiy. 

t  ('odi!  of  iti.-|U,  pp.  i")!.).  C)7. 

t   Ihiil.,  ]).  (!-J. 

^S    lluil ,   p    '11. 

II  Tiiis  ua.i  not  jiPfiiliiir  In  roiiiiPctipiit.  f^i-o.  fnr  iiislaiirp.  tlip  liiw  wliinli,  on 
tii(!  Killi  (if  ScplcMibiT  It'll  I,  li.iiiislii'd  iliL'  Aii.i-liapiisiH  from  llip  .Stale  of  Ma.<sa- 
pliiisctls.  ( llisioriial  (joilt'ciHiii  of  State  IVipcrs,  vol  i.  p.  T)!!";. )  See  also  tiio 
law  ag.iinst  tlio  CinaUeis.  passed  on  tlie  I  Itli  of  October  Ki'iti.  "  Wlieipas,"  .says 
the  ])reainhlo,  "  an  accursed  race  of  heretics  called  liiiidvers  lias  sprnii;;  iii),''iVc. 
The  clauses  of  tlio  statue  inflict  a  heavy  tiii{>  on  all  captains  of  sliips  who  shoidd 
import  (inaki.Ms  into  the  coniitr\-.  Tim  (inakers  wiui  may  he  fonml  there  shall 
be  whipt  and  imprisoned  \vilh  bard  labor.  Those  members  of  tiic  sect  who 
should  defend  their  opinions  sliall  be  lir>t  lined,  tiieii  imprisoned,  and  iiuallv  driv- 
en out  of  tiie  province.— Hist()ric;d  (-"ollection  oi'  .State  I'apers,  vol.  i.  p.  iWM). 

1[  Hy  tiie  penal  law  of  Massachusetts,  any  Calliolic  priest  who  should  set  loot  ia 
the  colony  after  having  been  once  driven  out  of  it  was  liable  to  capital  punishnieut. 

**  Code  of  KM,  p.  !l(). 

it  New  England's  Aleniorial,  p.  31G.     See  Appendix,  E. 


lilt 


i 
Hi 


& 


n 


r 

f  •  1 


'V  ' 


c>0 


narrow  sectarian  spirit,  and  of  those  religious  paf.sions  which 
had  been  warmed  by  persecution  and  were  still  fermenting 
among  the  people,  a  body  of  political  laws  is  to  be  found, 
which  thoufji;h  written  two  hundred  years  ago,  is  still  ahead  of 
the  liberties  of  our  age. 

The  general  piinciples  which  are  the  groundwork  of  modern 
constitutions,  —  |)rinci|)les  which  were  imi)erfectly  known  in 
Europe,  and  not  completely  triumphant  even  in  Great  Hritain, 
in  the  seventeenth  century,  —  were  all  recognised  and  deter- 
mined by  the  laws  of  New  England  :  the  intervention  of  the 
people  in  public  ailairs,  the  iVee  voting  of  taxes,  the  responsi- 
bility of  authorities,  personal  liberty,  and  trial  by  jury  were  all 
positively  established  without  discussion. 

'  From  the;'e  fruitl'iil  j)rinciples  consecpiences  have  been  de- 
rived ap'l  L.;-<()licatioiis  have  been  made  such  as  no  nation  in 
Europe  has  yet  ventured  to  attempt. 

In  Connecticut  the  eleetoial  body  consisted,  from  its  origin, 
of  the  whole  number  of  citizens;  and  this  is  readily  to  be  un- 
derstood,* when  we  recollect  that  this  |)cople  enjoyed  an  almost 
perfect  equalily  of  fortune,  and  a  still  greater  uniformity  of  ca- 
pacity.! Ill  Connecticut,  at  this  ))eriod,  all  the  executive 
iunctionarieswere  elected, including  the  Governor  ol'the  State. :|: 
The  citizens  above  the  age  of  sixteen  were  obliged  to  bear  arms; 
they  fornu-d  a  national  mi!'/'n,  which  appointeil  its  own  officers, 
and  was  to  hold  itself  at  all  tin\o.s  in  readiness  to  march  for  the 
defence  of  the  country.  § 

In  the  laws  of  Connecticut,  as  well  as  in  all  those  of  New 
England,  we  find  the  germ  ami  gradtud  development  of  that 
township  independence  which  is  the  life  and  nuiinspiing  of 
American  liliei'ty  at  the  |n'esent  day.  The  political  existence 
of  tl)e  majority  of  the  nations  of  I-^urope  commenced  in  the 
superior  lanlcs  of  society,  aiul  was  gradually  arul  always  iniper- 
fectly  communicated  to  the  ditlerent  memljers  ol'  the  sorial 
body.  In  America,  on  the  otlu-)'  band,  it  may  be  said  that  the 
township  was  organised  bcfoi-e  the  county,  tlie  county  before 
the  State,  tlw;  State  liei'ore  tin;  Ihiion. 

In  New  Eniiiand,  townships  wer(!  comj)let(  Iv  and  definitively 
constituted  as  eaily  as  10'.5O.     The  iiuleiiendence  of  the  town- 


*  Constiliiiion  of  Uill-^,  p.  17. 

t  Iiil;iti  llic  (iciit-ral  Assciiilily  of  Khado  Islnml  iinimiinoiisly  ilocl:iio(]  that 
the  ;:ov(Mriiiiciit  of  ilii;  State  was  a  dcnioi'iarv.  ami  tliat  llii;  pcwer  was  vested  in 
the  liody  of  fioe  eitizens.  who  alone  iiad  tiic  right  to  make  the  l;uvs  and  to  watciv 
their  execniioii.    (.'oJc  of  KmO,  p.  7U. 

X  Pitliin'sllistoiy,  p.  47.  ^  Constitution  of  1C38,  p.  lii- 


i 


ship  was  the  nucleus  round  which  the  local  interests,  passions, 
riu^hts  and  duties  collected  and  clnniy.  It  gave  scope  to  the  ar- 
tivity  of  a  real  political  life,  most  llioroiighly  democratic  and 
republican.  The  colonies  still  recognised  the  supremacy  of  the 
mother-country  ;  monarchy  was  still  the  law  of  the  State  ;  but 
the  republic  was  already  established  in  every  township. 

The  towns  named  their  own  magistrates^f  every  kind,  rated  . 
themselves,  and  levied  their  own  taxes.*    '|In  the  townships  of 
New  Ihigland  the  law  of  representation  was  not  adopted,  but 
the  alfairs  of  the  community  were  discussed,  as  at  Athens,  in  i 
the  marlcet-])lace,  by  a  general  assembly  of  the  citizens.,'. 

In  studying  the  laws  which  were  proinulgated  at  this  first  era 
of  the  American  lepublics,  it  is  impossible  not  to  be  struck  by 
the  remarkable  acquaintance  with  the  science  of  government, 
atul  the  advanced  liieory  of  legislation  which  they  display. 
The  ideas  there  formed  of  the  duties  of  society  towards  its 
members,  are  evidently  much  loftier  and  more  com{)rehensive 
than  those  of  the  European  legislators  at  that  time  :  obligations 
were  there  imposed  which  were  elsewhere  slighted.  In  the 
States  of  New  England,  from  the  first,  the  condition  of  the  poor 
was  provided  for  ;f  strict  measures  were  taken  for  the  main- 
tenance of  roads,  and  surveyors  were  ajipointed  to  attend  to 
them  ;|  registers  were  estabiisbod  iu  every  [)arish,  in  v/hich  the 
results  of  public  deliberations,  and  the  bii-tlis,  deaths,  and  mar- 
riages of  the-  citizens  were  entered  ;§  clerks  were  directed 
to  keep  these  registers  ;||  ollicers  were  charged  with  the  ad- 
ministration of  vacant  inheritances,  and  with  the  arbitration  of 
litigated  landmarks  ;  and  many  others  were  created  whose 
chief  functions  wtue  the  maintenance  of  public  order  in  the 
community. ^f  The  law  enters  into  a  thousaml  useful  provisions 
for  a  numl)er  of  social  wants  which  are  at  present  very  inade- 
quately felt  in  France. 

IJut  it  is  by  the  attention  it  pays  to  Public  I'iducation  that  the 
original  character  of  American  civilization  is  at  once  j)laced  in 
the  clearest  light.  "  It  being,"  ^ays  the  law,  "  one  chief  pro- 
ject of  Satan  to  keep  men  iVom  the  knowledge  of  the  Scripture 
by  persuading  from  'he  use  of  tongues,  to  the  end  that  learning 
may  not  be  buried  in  the  graves  of  our  loiefatheis,  in  church 
and  commonwealth,  the  Loid  assisting  our  endeavois,  .  .  .''** 
Here  follow  clauses  establishing  schools  iu  every  township,  and 


Call 

r 

'1 ,11 


I 


I 


If » 


*  Code  of  1G50,  p.  60. 
\  Ibid,  p.  !)4. 

^  See  Hmcliinson's  History,  vol.  i.  p.  455. 

*  •  Code  of  ItAJO,  p.  9U. 


t  Code  nn(')50,  p.  78. 
II   IhhU  p.  HC. 
•i   //i/.,  p.4l). 


u 


"1 


obliging  the  inhabitants,  under  pain  of  heavy  fines,  to  support 
them.  Sehools  ol"  a  supeiior  kind  were  i'ounded  in  the  same 
manner  in  the  more  populous  districts.  The  municipal  authori- 
ties were  bound  to  enl'orce  the  sending  of  children  to  school  by 
their  parents  ;  they  were  empowered  to  inilict  fines  upon  all 
who  refused  compliance  ;  and  in  cases  of  continued  resisicance 
society  assumed  tlio  place  of  the  parent,  took  ])ossession  of  the 
child,  and  deprived  the  father  of  those  natural  rights  which  he 
used  to  so  bad  a  purpose.  The  reader  will  undoubtedly  have 
remarked  the  preamble  of  these  enactments  :  in  America,  re- 
ligion is  the  road  to  knowledge,  and  the  observance  of  the  Divine 
laws  leauj  nan  to  civil  freedom. 

If,  after  hav-ngcast  a  rapid  glance  over  the  state  of  American 
society  in  1G50,  we  turn  to  the  condition  of  Europe,  and  more 
especially  to  that  of  the  Continent,  at  the  same  period,  we  can- 
not fail  to  be  strack  with  astonishment.  On  the  continent  of 
Europe,  at  the  beginning  of  the  seventeenth  century,  absolute 
monarchy  had  everywhere  triumphed  over  the  ruins  of  the  oli- 
garchical and  leudal  li!)erties  of  tlie  Middle  Ages.  Never  were 
the  notions  of  right  more  completely  confounded  than  in  the 
midst  of  the  splendor  and  literature  of  Europe;  never  was 
there  less  political  activity  among  the  people  ;  never  were  the 
principles  of  true  iVeedom  less  widely  circulated  :  and  at  that 
very  time,  those  principles,  which  were  scorned  or  unknown 
by  the  nations  of  Europe,  were  proclaimed  in  the  deserts  of  the 
New  World,  and  were  accepted  as  the  future  creed  of  a  great 
people.  The  boldest  theories  of  the  huinan  reason  were  put 
into  practice  by  a  con;:nun'ty  so  humble,  that  not  a  statesman 
condescendc'l  to  atteml  to  it ;  and  a  legislation  without  a  pre- 
cedent was  produced  olfhand  by  tlie  imagination  of  the  citizens. 
In  the  bosom  of  this  obscure  democracy,  which  had  as  yet 
brought  forth  neither  generals,  nor  philosophers,  nor  avithors,  a 
man  might  stand  uj)  in  the  lace  of  a  iVee  ])eople  and  pronounce 
amidst  general  acclamations  the  following  fine  definition  of 
liberty.* 

"  Nor  would  I  have  you  to  mistake  in  the  point  of  your  own 
liberty.  There  is  a  liberty  of  corruj)t  nature,  which  is  aiiectcd 
both  by  men  and  beasts  to  do  what  they  list ;  and  this  liberty  is 
inconsistent  with  authority,  impatient  of  all  restraint ;  by  this 
liberty  *  siimiis  onincs  (Idcriorcs'  :  'tis  the  grand  enemy  of  truth 

*  Miitlicr's  Miij^ii;ili;i  Cliiisii  Amcricann,  vol.  ii.  j).  VX  This  spcocli  wnsmado 
by  \Viiitlir()|)  ;  lu;  was  acciix'il  of  liaviiif;  cniiiinittrd  arliitrary  actions (liiriii";  liis 
magistracy,  but  alter  liaviiif;  made  tlie  sposHli  of  wliicli  the  above  is  a  (Vagiiieiit, 
be  was  aciiuitted  l)y  acclaiiialion.  and  lioiii  liial  tiiiu;  forwards  he  was  always  re- 
elected governor  ol"  the  iStato.    tiee  3Iarshal,  vol.  i.  p.  IGG. 


'■. 


\ 


and  peac 
But  then 
per  end  i 
which  is 
the  hazai 
authority 
in  a  way 
you  will, 
mitled  ui 
the  yoke 
honor  am 

The  re 
of  Anglo 
(and  this 
tinct  elen 
tilily,  but 
and  CO  ml 
ligion,  an 

The  se 
sectarians 
of  their  r 
political 

Hence 
arc  const; 
of  the  CO 

It  migl 
their  (ami 
absorbetl 
they  pure 
which  the 
ment,  anc 
scarcely  i 
Heaven. 

Politico 
moulded 
ciety  in  w 
the  old  pr 
no  nujre 
were  opei 
at  the  liui 
discreetly 
no  longer 
staining 
subniissivt 


25 


and  peace,  and  all  the  ordinances  of  God  are  bent  against  it. 
But  there  is  a  civil,  a  moral,  a  federal  liberty  which  is  the  pro- 
per end  and  object  of  authority  ;  it  is  a  liberty  for  that  only 
which  is  just  uiid  good  ;  for  this  liberty  you  are  to  stand  with 
the  hazard  of  your  very  lives,  and  whatsoever  crosses  it,  is  not 
authority,  but  a  distemper  thereof.  This  liberty  is  maintained 
in  a  way  of  subjection  to  authority  ;  and  the  autiiority  set  over 
you  will,  in  all  administrations  lor  your  good,  be  quietly  sub- 
mitted unto  by  all  but  such  as  have  a  disposition  to  shake  off 
the  yoke  and  lose  their  ti;uc  liberty,  by  their  murmuring  at  the 
honor  and  power  of  authority." 

The  remarks  I  have  made  will  suffice  to  display  the  character 
of  Anglo-American  civilization  in  its  tiue  light.  It  is  the  lesult 
(and  this  should  be  constantly  present  to  the  mind)  of  two  dis- 
tinct elements,  which  in  other  places  have  been  in  Irequenl  hos- 
tility, but  which  in  America  have  been  admirably  incorporated 
and  combined  with  one  another.  I  allude  to  the  spirit  of  Re- 
ligion, and  the  spirit  of  Liberty. 

The  settlers  of  New  England  were  at  the  same  time  ardent 
sectarians  and  daring  innovators.  Narrow  as  the  limits  of  some 
of  their  religious  ojnnions  were,  they  v/erc  entirely  free  from 
political  prejudices. 

Hence  arose  two  tendencies,  distinct  but  not  opposite,  which 
arc  constantly  discernible  in  the  manners  as  well  as  in  the  laws 
of  the  country. 

It  might  be  imaginril  that  men  who  sacrificed  their  friends, 
their  family,  and  their  native  land  to  a  religious  conviction,  were 
absorbed  in  th(  ,ii:rsuit  of  the  intellectual  advantages  which 
they  purchased  at  -  >  dear  a  r;!te.  The  eneri;y,  '.lowever,  with 
which  they  strove  lor  the  aniuiremcnt  of  we;tilh,  moral  enjoy- 
ment, and  the  comibrts  us  \'-;  II  as  libntles  ol"  the  world,  is 
scarcely  inferior  to  that  with  \.  Inch  they  devoted  themselves  to 
Heaven. 

l*(ilitical  prinei[)les,  and  all  human  laws  and  instituiions  were 
moulded  and  altered  at  their  pleasuic  ;  the  barriers  of  the  so- 
ciety in  which  they  were  born  were  Ijioken  down  before  them  ; 
the  old  principles  which  had  governed  the  world  for  ages  were 
no  more  ;  a  path  without  a  term,  and  a  fn  '.  without  an  horizon 
were  opened  to  the  exploring  and  anlei  curiosity  of  man  :  but 
at  the  limits  of  the  poliiieal  world  he  i Hecks  his  researches,  he 
discreetly  lays  aside  the  use  of  his  most  formidable  faculties,  he 
no  longer  consents  to  '.'oubt  or  to  innovate,  but  carefully  ab- 
staining from  raising  the  curtain  of  the  aanctuury,  he  yields  with 
submissive  respect  to  truths  which  he  will  not  dibcuss. 


Aim* 

r 


I        > 


2G 


Thus  in  the  moral  world,  evcrytliing  is  classed,  adapted,  de- 
cided and  foreseen  ;  in  the  political  world  everything-  is  agita- 
ted, uncertain,  and  disjiuted  :  in  the  one  is  a  passive,  though  a 
voluntary,  obedience  :  in  the  other  an  independence,  scornful 
of  experience,  and  jealous  of  authority. 

These  two  tendencies,  ai)parently  so  discrepant,  are  far  from 
contlicting  ;  they  advance  together,  and  mutually  support  each 
other. 

Religion  perceives  that  civil  liherty  affords  a  noble  exercise 
to  the  faculties  of  man,  and  that  the  political  world  is  a  field 
prepared  hy  the  Creator  for  the  eilbrts  of  the  intelligence. 
Contented  with  the  freedom  and  the  power  which  it  enjoys  in 
its  own  sphere,  and  with  the  place  which  it  occupies,  the  em- 
pire of  religion  is  never  more  surely  established  than  when  it 
reigns  in  the  hearts  of  men  unsupported  by  aught  beside  its 
native  strength. 

Religion  is  no  less  the  companion  of  liberty  in  all  its  battles 
and  its  triumphs  ;  the  cradle  of  its  infancy,  anci  the  divine  source 
of  its  claims.  The  safe-guard  of  morality  is  religion,  and  mo- 
rality is  the  best  security  of  law  as  well  as  the  surest  pledge  of 
freedom.* 


REASONS  or  CERTAIN  ANOMALIES  WHICH  THE  LAWS  AND  CUS- 
TOMS OF  THE  ANGLO-AMERICANS  PRESENT. 

Remains  of  aristnn-atic  instiliilioii?;  in  ilio  niid-t  or  a  complctt!  domocncy. — 
Wliy  .' — Disiinctinn  cuoriiily  to  be  diau n  betwcou  what  in  ol'  I'luitanicui  and 
wliut  is  of  Knglish  origin. 

The  reader  is  cautioned  not  to  draw  too  general  or  too  abso- 
lute an  inference  from  what  hns  been  said.  The  social  condi- 
tion, the  religion,  and  the  manners  of  the  first  emigrants  un- 
doubtedly exercised  an  immense  inlluenee  on  the  destiny  of 
their  new  country.  Nevertheless  it  was  not  in  their  power  to 
found  a  state  of  things  originating  solely  in  thetnselves  :  no 
man  can  entirely  shake  olf  tlie  inlluenee  of  the  |)ast  ;  and  the 
settlers,  unintentionally  or  involuntarily,  mingled  hal)its  and  no- 
tions (lerived  from  their  education  and  I'rom  the  traditions  of 
their  eounti  ,  with  those  habits  and  notions  which  were  exclu- 

*  See  Appendix,  F. 


sively  th 
cans  of 
distingui 
Laws 
ted  State 
These  la 
vailing  tt 
are  no  ]( 
English  ( 
their  o(  ig 
would  be 
I        I^shall 
I        The  ci 
I    two  mear 
I    taken  by 
I    or,  in  cas 
!    accusatio] 
then  disci 
It  is  evi 
poor  man, 
not  ahvayi 
he  is  obliii 
to  distresj 
escapes  i 
readily  c 
queney  bj 
law  are, 
aristocrat 
is  the  poo 
greatest  S( 
the  pheno 
I  speak  ai 
however 
and  the  ni 
Next  k 
change  is 
known  tc 
them  as  t 
themselve 
is  scarce 
action  in 
their  tend 

*  Crimp- 
niunber. 
1   Seo  Bla 


27 


sively  their  own.  To  form  a  judgment  on  the  Anglo-Ameri- 
cans of  tiie  present  day,  it  is  therefore  necessary  carefully  to 
distinguish  what  is  of  Puritanical  from  what  is  of  English  origin. 

Laws  and  customs  arc  frequently  to  be  met  with  in  the  Uni- 
ted States  which  contrast  strongly  with  all  that  surrounds  them. 
These  laws  seem  to  he  drawn  up  in  aspiiitcontiary  to  the  pre- 
vailing tenor  of  the  American  legislation  ;  and  these  customs 
are  no  less  opposed  to  the  general  tone  of  society.  If  the 
English  colonics  had  heen  founded  in  an  age  of  darkness,  or  if 
their  oiigin  was  already  lost  in  the  lapse  of  years,  the  problem 
would  be  insoluble. 

I  shall  quote  a  single  example  to  illustrate   what  I  advance. 

The  civil  and  criminal  ])rocedure  of  the  Americans  has  oidy 
two  means  of  action,  —  committal  or  bail.  The  iirst  measure 
taken  by  the  magistrate  is  to  exact  security  from  the  defendant, 
or,  ill  case  of  refusal,  to  incai'cerate  him  :  the  ground  of  the 
accusation  and  the  importance  of  the  charges  against  him  are 
then  discussed. 

It  is  evident  that  a  legislation  of  this  kind  is  hostile  to  the 
poor  man,  and  favoiable  only  to  the  rich.  The  poor  man  has 
not  always  a  security  to  produce,  even  in  a  civil  cause  :  an  1  if 
he  is  obliged  to  wait  lor  justice  in  prison,  he  is  speedily  reduced 
to  distress.  The  wealthy  indiviilual,  on  the  contrary,  always 
escapes  im|)risoiimcnt  in  civil  causes  ;  nay,  more,  he  may 
readily  elude  tlie  jumishment  which  awaits  him  for  a  delin- 
quency by  breaking  his  bail.  So  that  all  the  penalties  of  the 
law  arc,  for  him,  reducible  to  fines.*  Nothing  can  be  more 
aristocratic  than  this  system  of  legislation.  Yet  in  America  it 
is  the  jioor  who  make  the  law,  and  they  usually  reserve  the 
greatest  social  advantages  to  themselves.  The  explanation  of 
the  phenomenon  is  to  be  found  in  England  ;  the  laws  of  which 
I  speak  are  English, f  and  the  Americans  have  retained  them, 
however  repugnant  they  may  be  to  the  tenor  of  their  legislation 
and  the  mass  of  their  ideas. 

Next  to  its  habits,  the  thing  which  a  nation  is  least  apt  to 
change  is  its  civil  legislation.  Civil  laws  are  only  lamiliarly 
known  to  legal  men,  whose  direct  interest  it  is  to  maintain 
them  as  they  are,  whether  good  or  bad,  simply  because  they 
themselves  arc  conversant  with  them.  The  hotly  of  the  nation 
is  scarcely  ac(piainteil  with  them  :  it  merely  ])ei reives  their 
action  in  particular  cases  ;  but  it  has  some  dilliculty  in  seizing 
their  tendency,  and. obeys  them  without  rellcction. 

*  Crimes  no  iloiiljt  exist  i'lir  wliicii  li.iil  is  iiiacliuissii)k',  but  they  are  few  in 
number. 
i   See  Bliickstoao  ;  ami  Delohne,  book  1.  cliap.  x. 


Aim* 

h 

f 

r 

0 

in     ) 

•  : 


28 


■'1 


I  have  quoted  one  instance  where  it  would  have  been  easy 
to  adduce  a  great  number  of  others. 

The  surface  of  Anierican  society  is,  if  I  may  use  the  expres- 
sion, covered  with  a  layer  of  democracy,  from  beneath  which 
the  old  aristocratic  colors  sometimes  peep. 


CHAPTER  III. 

SOCIAL  CONDITIOX  OF  THE  ANGLO-AMERICANS. 

A  SOCIAL  condition  is  commonly  the  result  of  circumstances, 
somctim.es  of  laws,  oftener  still  of  these  two  caUvSes  united  ;  but 
wherever  it  exists,  it  may  justly  be  considered  as  ll^.e  source  of 
almost  all  the  laws,  t!ie  usages,  and  the  ideas  which  regulate 
the  conduct  of  nations  :  whatever  it  docs  not  produce,  it 
modifies. 

It  is  therefore  necessnry,  if  we,  would  become  actiuainted 
with  the  legislation  and  the  manners  of  a  nation,  to  begin  by 
the  study  of  its  social  condition. 


THE  STRIKING  CITARACTERTRTIC  OF  THE  SOCIAL  CONDITION  OF 
THE  ANGLO-AMERICANS  IS  ITS  ESSENTIAL  DEMOCRACY. 

TIio  first  emigrants  of  New  I'nglniul. — Tlicir  oqiiJity. — Aristocralic  laws  intro- 
diK.'cd  ill  the  iSoiith. —  I'ciiod  ol'  lliu  Ixcvniiitioii. — {Jli;ui,'-'e  in  tlio  law  of  de- 
scent.—  Mflecls  produced  liy  tliiscliaiii^e — Dciiiocracy  carried  to  its  ntmostlinuts 
ill  the  new  States  of  the  \Vest. — K(iiia!ity  of  education. 

MANvimportant  observations  suggest  themselves  upon  the  social 
c;)ndition  of  the  Anglo-Americans  ;  but  there  is  one  which 
takes  piecedeuce  ol'  all  the  rest.  The  social  r;ondition  of  the 
Americans  is  eminently  democratic  ;  this  was  its  character  at 


the  found 
at  the  pre 

I  have 
existed  ar 
England, 
part  of  tl 
was  that  < 
tain  name 
their  felh 
might  tru 
of  invaria 

This  w 
the  south 
the  case  ^ 
south-wej 
settled,  w 
the  Engli 
it  was  ini] 
America 
west  of  tl 
could  cu 
common 
was  not  a 
Europe,  s 
of  their  ei 
dependin; 
great  pro 
class,  ha^ 
of  politics 
the  body 
embraee( 
either  lov 
ed  the  ini 
of  the  A I 

At  the 
shalv'en  t( 
had  talcei 
which  it 
cd  ;  and 
aspired  t 
dividimls 
together 

But  tl 
surprise  t 


29 


I 


the  foundation  of  the  colonies,  and  is  still  more  strongly  marked 
at  the  present  day. 

I  have  stated  in  the  preceding  chapter  that  great  equality 
existed  among  the  emigrants  who  settled  on  the  siiores  ol  New 
England.  The  germ  of  aristocracy  was  never  planted  in  that 
part  of  the  Union.  The  only  intluence  which  obtained  there 
was  that  of  intellect ;  the  people  were  used  to  reverence  cer- 
tain names  as  the  emblems  of  knowledge  and  virtue.  Some  of 
their  fellow- citizens  acquired  a  power  over  the  rest  which 
might  truly  have  been  called  aristocratic,  if  it  had  been  capable 
of  invariable  transmission  from  father  to  son. 

This  was  the  state  of  things  to  the  east  of  the  Hudson  :  to 
the  south-west  of  that  river,  and  in  the  direction  of  the  Floridas, 
the  case  was  dillerent.  In  most  of  the  States  situated  to  the 
south-west  of  the  Fludson  some  great  English  proprietors  had 
settled,  who  had  imported  with  them  aristocratic  principles  and 
the  English  law  of  descent.  I  have  explained  the  reasons  why 
it  was  impossible  ever  to  establish  a  powerful  aristocracy  in 
America  ;  these  reasons  existed  with  less  force  to  the  south- 
west of  the  Hudson.  In  the  South,  one  man,  aided  by  slaves, 
could  cultivate  a  great  extent  of  country  :  it  was  therefore 
common  to  see  rich  landed  proprietors.  But  their  induence 
was  not  altogether  aristocratic  as  that  term  is  understood  in 
Europe,  since  they  possessed  no  privileges  ;  and  the  cultivation 
of  their  estates  being  carried  on  by  slaves,  they  had  no  tenants 
depending  on  them,  and  consequently  no  patronage.  Still,  the 
great  proprietors  south  of  the  Hudson  constituted  a  superior 
class,  having  ideas  and  tastes  of  its  own,  and  forming  the  centre 
of  political  action.  This  kind  of  aristocracy  sympathized  with 
the  body  of  the  people,  whose  passions  and  interests  it  easily 
embraced  ;  but  it  was  too  weak  and  too  short-lived  to  excite 
either  love  or  hatred  for  itself.  This  was  the  class  which  head- 
ed the  insurrection  in  the  South,  and  furnished  the  best  leaders 
of  the  American  revolution. 

At  the  period  of  which  we  arc  now  speaking  society  was 
shaken  to  its  centre  :  the  people,  in  whose  name  the  struggle 
had  taken  place,  conceived  the  desire  of  exercising  the  authority 
which  it  had  accjuired  ;  its  democratic  tendencies  were  awaken- 
ed ;  and  having  thrown  olfthe  yoke  of  the  mother-country,  it 
aspired  to  indt;pendencc  of  every  kind.  The  influence  oi'  in- 
dividuals gradually  ceased  to  be  felt,  and  custom  and  law  united 
together  to  produce  the  same  result. 

But  the  law  of  descent  was  the  last  step  to  equality.  I  am 
surprised  that  ancient  and  modern  jurists  have  not  attributed  to 


I 


h 

n 

r* 

0 

•J   .ri 

i'     '' 

!  ; 

I?  •  • 
i  "I 


« 


30 

this  law  a  gn-ealcr  influence  on  human  affairs.*  It  is  true  that 
these  laws  heloiiy  to  civil  affairs  :  but  llicty  oiii'ht  nevertheless 
to  be  jjlaceil  at  the  head  of  all  political  insiitutions  ;  for,  whilst 
politicai  laws  are  only  the  symbol  of  a  nation's  condition,  they 
exercise  an  incredible  inlluence  upon  its  social  state.  They 
have,  moreover,  a  sure  and  uniform  manner  of  ojieratinij  upoii 
society,  alfectiug,  as  it  were,  generations  yet  unborn. 

Through  their  means  man  acijuiies  a  kind  of  preternatural 
power  over  the  future  lot  ol'  liis  fellow-oieatures.  When  the 
legislator  has  once  regulated  the  law  of  iiUieiitance,  he  may 
rest  iVom  liis  labor.  Tiic  machine  once  ]n\t  in  motion  will  go 
on  for  ages,  and  advance,  as  if  self-guiiled,  towards  a  given 
point.  When  framed  in  a  jiartlcular  numner,  this  law  unites, 
draws  together,  and  vests  property  and  power  in  a  few  hands  : 
its  tcnilency  is  clearly  aristocratic.  On  opj)osite  ])rinciples  its 
action  is  still  more  ra])id  ;  it  divit'es,  distributes,  and  disperses 
botli  property  and  power.  Alarmed  by  the  rajiidity  of  its  pro- 
gress, those  who  despaii-  of  arresting  its  motion  emieavor  to  ob- 
struct it  by  ditlieultics  and  impediments  ;  they  vainly  seek  to 
counteract  its  elfect  by  contrary  ellbrts  :  but  it  gradually  re- 
duces or  destroys  every  obstacle,  until  by  its  Incessant  activity 
the  bulwarks  of  the  inlluence  of  wealth  are  ground  down  to 
the  line  and  shifting  sand  which  is  the  basis  of  democrac}-. 
AVhen  the  law  of  inheritance  permits,  still  more  when  it  decrees, 
the  equal  division  of  a  fatiier's  {)roperty  amongst  all  his  children, 
its  effects  arc  of  two  kinds  :  it  is  important  to  distinguish  them 
from  each  other,  although  they  tend  to  the  same  entl. 

In  virtue  of  the  law  of  partible  inheritance,  the  dcatli  of 
every  proprietor  brings  about  a  kind  of  revolution  in  ])roperty  : 
not  oidy  do  his  possessions  change  liands,  but  their  very  nature 
is  altered  ;  since  they  are  parcelled  into  shares,  which  become 
smaller  and  smaller  at  each  division.  This  is  the  direct  and, 
as  it  were,  the  pliysical  e'^ect  of  the  law.  It  follows,  then,  that 
in  countries  where  equality  olinhei'itance  is  established  by  law, 
property,  and  especially  landed  ju'operty,  nuist  have  a  tendency 
to  perpetiud  diminution.  The  effects,  however,  of  such  legis- 
lation would  only  be  jjercejjtible  after  a  lapse  of  liuie,  if  the  law 
was  abandoned  to  its  own  working  ;  for  supposing  a  family  to 

*  I  (imloi^taud  by  the  law  of  (losceiit  all  tlios(!  liiws  whoso  iiriiicipnl  olijoct  it 
is  to  rc;;iilate  tJK!  di-tiilmtion  of  i  rdperty  attf:r  tlio  deatli  of  ils  owikt.  TIk;  law 
of  entail  is  ol'  this  iiuiiihrr :  it  ccrlaiiily  in'cvciils  tlio  owner  IV()ni(lisi)osin<(  of  his 
possessions  belore  his  dcatli  ;  hut  this  is  solely  with  the  \iew  of  ]nesi'ivin;ir  them 
entire  for  the  heir.  'J"ho  jirineipa!  ohjeel,  therefore,  of  llie  law  of  entail  is  to  re- 
gulate ili^!  desc(;nt  of  property  afier  Ihc  death  of  its  owner  ;  its  other  provisions 
arc  merely  means  to  this  end. 


,1 


V 


consist  of 
the  avera; 
amongst  t 
than  theii 

But  the 
ly  upon  tl 
and  brinii 
quences  t 
and  espee 

Among 
right  of 
tion  to  g 
quencc  of 
corporate( 
the  estate 
glory,  its  ] 
])crishable 
ftituro. 

When  t 
the  Intima 
the  preser 
represent 
one  or  tv/( 
diminish,  ; 
sons  of  th( 
or  if  fortu 
being  as  w 
same  pro] 
composed 

Now,  fr 
interest  in 
associatioi 
certain  thi 
strong  pe( 
produces 
available  t 

(jlrcat  li 
come  tog 
land  a  bet 
from  his  ; 
calculatio 

*  T  do  not 
lie  cultivate; 
his  want  of  i 


^^^ 


-V 


i 


31 

consist  of  two  children,  (and  in  a  country  peopled  as  France  is 
the  average  number  is  not  above  three,)  these  chil(heri,  simring 
amongst  them  the  fortune  of  both  parents,  would  not  be  poorer 
than  their  father  or  mother. 

But  the  law  of  equal  division  exercises  its  inilucncc  not  mere- 
ly upon  the  pro])erty  itself,  but  it  alfects  the  miutls  of  the  heirs, 
and  brings  their  passions  into  play.  These  indirect  conse- 
quences tend  powerl'ully  to  the  destruction  of  large  fortunes, 
and  especially  of  large  domains. 

Among  nations  whose  law  of  descent  is  founded  upon  the 
right  of  primogeniture,  landed  estates  often  pass  from  genera- 
tion to  generation  without  undergoing  division.  The  conse- 
((uencc  oi' which  is  that  family  leeling  is  to  a  certain  degree  in- 
corporated with  the  estate.  The  fanfdy  represents  the  estate, 
the  estate  the  family  ;  whose  uan\e,  together  with  its  origin,  its 
glory,  its  jiower,  and  its  virtues,  is  th\is  perpetuated  in  an  im- 
])crishable  memorial  of  the  past,  and  a  sure  pledge  of  the 
future. 

When  the  ecjual  jiartition  of  property  is  established  by  law, 
the  intimate  connexion  is  destioycd  between  family-feeling  and 
the  preservation  of  the  paternal  estate  ;  tl.e  property  ceases  to 
represent  the  family ;  foi-,  as  it  must  inevi  \bly  be  divided  after 
one  or  tv/o  generations,  it  has  evidently  a  constant  tendency  to 
diminish,  anil  must  in  the  end  be  completely  dispersed.  The 
sons  of  the  great  landed  propiietor,  if  they  are  few  in  number, 
or  if  fortune  befriends  them,  may  ind  x'd  entertain  the  hope  of 
being  as  wealthy  as  their  father,  but  not  that  of  possessing  the 
same  property  as  he  did  ;  their  riches  must  necessarily  be 
composed  of  elements  dilferent  from  his. 

Now,  from  the  moment  that  you  divest  the  landowner  of  that 
interest  in  the  preservation  of  his  estate  which  he  derives  from 
association,  from  tradition,  and  iVom  family  pride,  you  may  be 
certain  that  sooner  or  later  he  will  dispose  ol'  it ;  for  there  is  a 
strong  pecuniary  interest  in  favor  of  selling,  as  floating  capital 
produces  higher  interest  than  real  property,  and  is  more  readily 
available  to  gratify  the  passions  ol'the  moment. 

(jlreat  landed  estates  which  have  once  been  diviiled  never 
come  together  again  ;  for  the  small  pioprictor  draws  from  his 
land  a  better  revenue  in  j)roportion,  llian  the  large  owner  does 
from  his  ;  and  of  course  be  sells  it  at  a  higher  rate.-'^  The 
calculations  of  gain,  therefore,  which  decided  the  rich  man  to 


h 
r" 

•1  ,11 

I" 
n     1 

J       1 

If  ■  t 

i      "I 


I  1 


*  I  do  not  mean  lo  say  that  the  small  proprietor  cnltiviitos  his  land  better,  but 
he  cultivati!.s  it  with  uioie  ardor  and  care  ;  so  that  he  uiukesi  up  by  hio  labor  for 
his  want  of  ekill. 


,  ■»  '  ■  ■ 


:  I 


32 


sell  his  domain,  will  still  more  powerfully  influence  him  against 
buyini^  small  estates  to  unite  them  into  a  large  one. 

What  is  culled  rainily-priile  is  often  Ibuncleil  upon  an  illusion 
of  self-love.  A  man  wishes  to  perpetuate  and  immortalize 
himself,  as  it  were,  in  his  great  grand-children.  Where  the 
esprit  de  famille  ceases  to  act,  individual  sellislmess  comes  into 
play.  When  the  idea  of  family  becomes  vague,  indeterminate 
and  uncertain,  a  man  thinks  of  his  present  convenience  ;  he 
provides  for  the  establishment  of  the  succeeding  generation, 
and  no  more. 

Either  a  man  gives  up  the  idea  of  perpetuating  his  family,  or 
at  any  rate  he  seeks  to  accomplish  it  by  other  means  than  that 
of  a  landed  estate. 

Thus  not  only  does  the  law  of  partible  inheritance  render  it 
difficult  for  families  to  preserve  their  ancestral  domains  entire, 
but  it  deprives  them  of  the  inclination  to  attempt  it,  and  compels 
them  in  some  measure  to  co-operate  with  the  law  in  their  own 
extinction. 

The  law  of  equal  distribution  proccf  ds  by  two  methcds  :  by 
acting  upon  things,  it  acts  upon  persons  ;  by  influencing  per- 
sons, it  alFects  things.  By  these  m*eans  the  law  succeeds  in 
striking  at  the  root  of  landed  property,  and  dispersing  rapidly 
both  families  and  fortunes.* 

Most  certainly  it  is  not  for  us.  Frenchmen  of  the  nineteenth 
century,  who  daily  witness  the  political  and  social  changes 
which  the  law  of  pai-titiori  is  bringing  to  pass,  to  question  its  in- 
fluence. It  is  perpetually  conspicuous  in  our  country,  over- 
throvvini?  the  walls  of  our  dwellings  and  removiniir  the  land- 
marks  ol'our  fields.  But  although  ii  las  produced  great  ellects 
in  France,  much  still  remains  for  it  to  do.  Our  recollections, 
opinions,  and  habits  present  powerful  obstacles  to  its  progress. 

Iii  the  United  States  it  has  nearly  completed  its  work  of  de- 
struction, and  there  we  can  best  study  its  results.     The  English 

*  Land  being  tlie  most  stable  kind  of  property,  we  find  from  time  to  time,  rich 
individuals  wiio  are  disposed  to  maUo^ri!iit.sacriiic«!sin  order  to  obtain  it.  and  who 
wilhngly  forft^it  a  considerable  part  of  their  incoini!  to  make  sun;  of  the  rest  But 
these  are  accidental  cases.  The  preference  for  l.iiided  ])roperty  is  no  longer  found 
habitually  in  any  class  but  amoii^'  the  poor.  Tlie  small  landowner,  wlio  has  lesn 
information,  less  imaj^ination,  and  fewer  passions  tlian  the  ^^reat  ono,  is  <reneraily 
occiipi(!d  with  tlie  desiie  of  increasing  his  ('state,  and  it  often  liappens  tiiat  by  in- 
herit ince,  by  marriaae,  or  by  the  chances  of  trade,  he  is  :;ia(liiaily  furnished  witii 
the  means.  Thus,  to  balance  the  tendency  wliieh  leads  men  to  diviue  their  es- 
tates, there  e.xists  another,  which  incites  them  to  add  to  them.  This  tendency, 
which  is  sufficient  to  prevent  estates  from  being  divided  ad  iiijinituin,  is  not  strong 
enough  to  create  great  territorml  possesBions,  certainly  not  to  keep  them  up  in  the 
same  family. 


i 


laws  cone 
almost  all 
of  entail 
of  prrjpci- 
be  parcel 
])id  with  t 
of  little  n 
altered  ;  i 
all  commii 
York,  wlii 
two  who  .SI 
shortly  dis 
come  men 
lapsed  intc 
tlistinefjon: 
all  to  one  1 
1  do  noi 
viduals  in 
where  the 
tions  of  nn 
the  theory 
circulates  i 
that  it  is  ra 
joyment  of 
This  j)ici 
charged,  st 
in  the  new 
the  last  ceil 
the  valleys 
very  soon 
heard  of  Ii 
whose  nam 
their  ])lacc 
ments  we  ii 
In  these  St; 
inhabitants 
another,  th 
history.      Ii 
population 
and  great  \ 
knowledge 
i)lc  power  w 


33 


in- 

ver- 

nd- 

t'CtS 

ions, 
ess. 
(le- 
lish 


laws  concernini?  the  transmission  of  property  were  abolished  in 

almost  all  the  States  at  tlio  time  ol'  the  devolution.     The  law 

of  entail  was  so  modiiicd  as  not  to  internijit  the  free  eireulation 

of  jjroperty.*     The  litst  liavini^  passed  away,  estates  began  to 

bo  ))areelled  out ;  anfl  the  chanjje  beeanie  more  and  more  ra- 

])id  with  the  proi!:)'ess  of  time.      At  this   motnent,  after  a  lapse 

of  little  more  tlian  sixty  years,   the   aspect  of  sneiety  is  totally 

altered  ;  the  families  of  the  great  landed  propi'ietors  are  almost 

•:     all  commingled  with  the  general  mass.     In  the  State  of  New 

I     York,  which  formerly  contained  many  of  these,  there  are  but 

■/     two  who  still  keep  tlu.ir  heads  above  the  stream  ;  and  they  must 

^     shortly  disappear.     The  sons  of  the??c  opulent  citizens  are  be- 

I     come  merchants,  lawyers,  or  physicians.     j\Iost  of  them  have 

1     lapsed  into  obscurity,     '1  he  last  trace  of  hereditary  ranks  and 

!     distinctions  are    destroyed, — the  law  of  j)artition  has  reduced 

{!     all  to  one  level. 

;  1  do  not  uK.'an  th.at  there  is  any  deficiency  of  wealthy  indi- 
I  viduals  in  the  I'^nitcd  States;  I  Unow  of  no  country,  indeed, 
1  where  (he  love  of  money  has  taken  strongfir  hold  on  the  alTec- 
I  tions  of  men,  and  where  a  ]>rofounder  contempt  is  expressed  for 
^  the  theoiT  of  the  permanent  e([nality  of  property.  Hut  wealth 
circulates  with  inconceivable  rajiidity,  and  experience  shows 
that  it  is  rare  to  find  two  succeeding  generations  in  the  full  en- 
joyment of  it. 

This  j)icture,  which  may  perhaps  be  thought  to  be  over- 
charged, still  gives  a  very  im'perfectidea  of  what  is  taking  place 
in  the  new  States  of  the  West  and  South-West.  At  the  end  of 
the  last  century  a  few  bold  adventurers  began  to  penetrate  into 
the  valleys  of  the  Mississippi  :  and  the  mass  of  the  population 
very  soon  began  to  move  in  tliat  direction  :  communities  un- 
heard of  till  then  weri^  seen  to  emerge  iVom  the  wilds  :  States, 
whose  names  wei'e  not  in  existence  a  I'imv  years  before,  claimed 
their  place  in  the  American  I  nion  :  and  in  tin;  Western  settle- 
ments we  may  behold  democrj'  y  arrived  at  its  utmost  extreme. 
In  these  States,  founded  oil' hand  and  as  it  were  by  chance,  the 
inhabitants  are  but  of  yesterday.  Scarcely  known  to  one 
anotbrr,  the  nearest  neighbors  are  ignorant  of  each  other's 
history.  In  this  part  of  the  American  continent,  therefore,  the 
population  has  not  experienced  the  iniluence  of  great  names 
and  great  wealth,  nor  even  that  of  the  natural  aristocracy  of 
knowledge  and  virtue.  None  are  there  to  wield  tiiat  respecta- 
ble power  which  men  willingly  grant  to  the  remcndn-ance  of  a 


^  k 


:  # 

\:P 

•i  ,11 


ii'co.  Appi'iidix,  Ci. 


5 


^ 


34 

life  spent  in  doing-  fifood  belorc  their  eyes.  The  new  States  of 
the  West  are  nircaily  iidiahitcd  ;  hut  society  has  no  existence 
among-  them. 

It  is  not  only  the  fortunes  of  men  which  are  e(|u;d  in  Ame- 
ri(!a  ;  even  their  aequiiements  partake  in  smne  ileijree  of  tiie 
sauie  uniloruHfy.  I  do  not  helicve  that  tiiere  is  a  country  in  the 
world  where,  i.i  proi)ortion  to  tiie  popuhition,  tiierc  are  so  few 
instructed,  and  at  the  same  time  so  few  learned  individuals. 
Pi'iinary  instruction  is  within  the  reach  of  everyhmiy  ;  superior 
instruction  is  scarcely  to  he  ohtained  hy  any.  This  is  not  sur- 
prising" ;  it  is  in  fact  the  necessary  oonse(|uence  of  what  we 
have  advanced  ahove.  Ahnost  all  the  Americans  are  in  easy 
circumstances,  and  can  therefore  ohtain  the  iii'st  elements  of 
hnman  knowledge. 

In  America  there  are  comparatively  i'ew  who  arc  rich  enough 
to  live  without  a  |)rofivssion.  livery  profession  rcfiuiies  an  ap- 
j)rentieesliip,  which  limits  the  time  of  instruction  to  the  early 
years  of  life.  At  lifteen  they  enter  ui),!ii  their  calling,  and  thus 
their  education  ends  at  the  age  when  ours  hegins.  Whatever 
IS  done  afterwards,  is  v/ith  a  view  to  some  special  and  lucrative 
ohject ;  a  science  is  taken  up  as  a  matter  of  husiness,  and  the 
only  hranch  of  it  which  is  attended  to,  is  such  as  admits  of  an 
immediate  practical  application. 

In  America  most  of  the  rich  men  were  formerly  poor  :  most 
of  those  who  now  enjoy  leisure  were  absorbed  in  husiness  dur- 
ing th(!ir  youth  ;  the  conse(|uence  of  whieu  is,  that  when  they 
might  have  hatl  a  taste  Jbr  study  they  had  no  time  for  it,  and 
when  the  time  is  at  their  disposal  they  have  no  longer  the  incli- 
nation. 

There  is  no  elass,  then,  in  America  in  which  the  taste  for 
intellectual  pleasures  is  transmitted  v/ith  hereditary  fortune  and 
leisure,  and  hy  which  the  labors  of  the  intellect  are  held  in 
honor.  Accordingly  there  is  an  equal  want  of  the  desire  and 
the  power  of  application  to  these  objects. 

A.  middling  standard  Is  fixed  in  America  for  hnman  know- 
ledge. All  approach  as  near  to  it  as  they  can  ;  some  as  they 
rise,  others  as  they  descend.  Of  course,  an  immense  mnltitude 
of  persons  are  to  be  lound  who  entertain  the  same  number  of 
ideas  on  religion,  history,  science,  political  economy,  legislation, 
and  gov(rnnient.  The  gll\s  of  intellect  proceed  directly  from 
God,  and  man  cannot  ])revent  their  unetpial  distribution.  But  in 
consec|uence  of  the  state  ol'  things  which  we  liave  here  repre- 
sented, it  happens,  that  although  the  capacities  of  men  are 
widely  ditferent,  as  the  f^rc-atoi-  has  donI)tless  intended  they 
should  be,  thev  are  submitted  to  the  same  method  of  treatment. 


InAi 

from  its 
stroycd, 
scarcely 
alfairs. 

The  (1 
much  sti 
become 
family  o 
lluence  ( 
Ameri 
nary  plui 
in  |)oint  ( 
in  their  s 
any  age  ( 


POLITICA] 


Tiic  polit 
are  easily 

It  is  in 
find  its  w 
To  concc 
point,  ytl 
the  end  t 

Now  I 
the  f)oliti 
his  rigli 
which  a;( 
Anglo- A I 
medium 
of  one  111 
dition  wli 
these  coi 

There 
which  e\ 
This  pas; 
great ;  hi 
for  equal 


35 


I 


In  America  the  jiristocratic  clement  lias  always  been  focbic 
froin  its  birth  ;  and  il'  at  the  prc'seiil  day  it  is  not  actually  de- 
stroyed, it  is  at  any  ratt;  so  coinpletily  ihsabicd  that  we  can 
scaiccdy  as.sii,ni  to  it  any  dcgTce  ol"  iiillucnce  in  the  course  of 
all'airs. 

The  democratic  ))rinciple,  on  the  contrary,  bas  gained  so 
mncli  strenf^th  by  time,  by  events  and  by  lei^isUition,  as  to  have 
become  not  only  predominant  but  idl-powerlid.  There  is  no 
family  or  coroorate  authority,  and  it  is  rare  to  liiid  even  the  In- 
llucnce  ol"  inchviihiid  ehaiaeter  enjoy  any  dnrabihty. 

America,  then,  exliibits  in  her  soeiid  state  a  most  extraordi- 
nary pha-nonuinon.  Men  are  there  seen  on  a  i?i'eater  ecpiality 
in  point  ol"  t'orluni!  and  intellect,  or,  in  otlnn'  woitls,  more  c(pial 
in  their  sti'en,!,^th,  tjian  in  any  other  country  of  the  \V()rld,  or,  in 
any  age  of  which  hi.^ory  has  preserved  the  remendjrauce. 


POLITICAL  COXSEQUEXCES  OF  THE  SOCIAL   CONDITION  OF    THE 

ANGLO  AMERICANS. 


\y 


p 


Tiic  political  consc(iucnces  of  such  a  social  condition  as  this 
are  easily  dedncible. 

It  is  impossible  to  believe  that  e(piality  will  not  eventually 
find  its  way  into  the  ijolitical  world  as  it  does  everywhere  else* 
To  conceive  of  men  reinniniuLr  forever  uneipial  upon  one  sinnle 
point,  yet  eipial  on  all  others,  is  ini[)<j;^siblc  ;  they  mustconui  in 
the  end  to  be  ecpial  upon  all. 

Now  I  know  of  only  two  methods  of  establishing  ecjuality  in 
the  political  woild  :  every  ciii/en  niu^t  be  put  in  pussifsiiju  of 
his  rii^'hts,  or  rinhts  must  be  gi'anted  to  no  one.  For  nations 
which  are  arrived  at  the  same  stage  of  soci;\l  exiatence  as  the 
Anglo-Ameiicans,  it  is  therefore  very  dillieult  to  di.^cover  a 
medium  b(!fween  the  sovereii:;niy  of  all  and  the  absolute  power 
of  one  man  ;  and  it  woidd  be  \;\\\\  to  deny  that  the  social  con- 
dition whi(di  I  have  been  describing  is  ecjually  liable  to  each  of 
these  conserpicnces. 

There  is,  in  fact,  a  manly  and  lawful  passion  for  equality 
■which  excites  men  to  wish  all  to  be  powerl'ul  and  honored. 
This  passion  tends  to  elevate  the  humble  to  the  rank  of  the 
great ;  but  there  exists  also  in  the  buinan  heart  a  depraved  taste 
for  equality,  which  impels  the  weak  to  attempt  to  lower  the 


I' . 


I    , 


■T\ 


36 

powerful  to  their  own  level,  and  reduces  men  to  prefer  equality 
in  slavery  to  inequality  with  I'rccdoin.  Not  that  those  nations 
whose  social  condition  is  dcniociatic  naturally  despise  liberty  ; 
on  the  contrary,  the)  have  an  instinctive  love  of  it.  But  liberty 
is  not  the  chief  and  constant  ol)ject  of  their  desires  ;  equality  is 
their  idol :  they  nialce  rapid  anil  sudden  ell'orts  to  obtain  liberty, 
and  if  they  miss  their  aim,  resign  themselves  to  their  ilisappoint- 
ment ;  but  nothing  can  satisfy  them  except  equality,  and  rather 
than  lose  it  they  resolve  to  perish. 

On  the  other  \a!\d,  in  a  state  where  the  citizeiis  are  nearly 
on  an  ecjuality,  it  becomes  dillicult  ior  them  to  [)i''jserve  their 
independence  against  the  aggressions  of  power.  No  one 
among  them  being  strong  enough  to  engage  singly  in  the 
struggle  with  advantage,  nothing  but  a  general  combination  can 
protect  their  liberty  :  and  such  a  union  is  nut  always  to  be 
found. 

From  the  same  social  position,  then,  nations  may  derive  one 
or  the  othei'  of  two  great  political  lesults  ;  these  residts  are  ex- 
tremely dilll-rent  iVouj  each  other,  but  they  may  both  jiroceed 
from  the  same  causL". 

The  Anglo-Americans  are  the  first  who,  having  been  exposed 
to  this  forn>idable  alternative,  have  been  happy  enough  to  escape 
the  dominion  of  absolute  jiowcr.  They  have  been  allowed  by 
thciv  circumstances,  tiu-ir  origin,  th*  ir  intelligence,  and  es()e- 
cially  by  their  moral  feeling,  to  establish  and  maintain  the  sove- 
reignty '^f  the  people. 


CHAPTER  JV. 

THE    PRINCIPLE    OP    THE    SOVEUEIGNTV    OP    THE    PEOPLE    IN 

AMERICA. 

It  i)rc(l(>tniii;il('s  ovur  '.In'  wliolu  of.-o'ioly  in  Aiiicricii. — A))|)llcali(>ii  iiiadc  ol'lliis 
j)iinci|)l(^l>vlli<'  AmeiicaiisevciilK'Hiii;  tlicii-  llcvoliitioii. — l)cvol()|)mciit  j;ivon 
to  ii  liy  tliat  llevoliitioii. — Gradual  and  iircsistil'lt!  ('xtciisiou  of  tin;  <;k'ciive 
qualiticai'on. 

WnENEvr.ii  the  ])olilical  laws  of  the  United  ^rrtates  are  to  be 
discussed,  it  is  with  tlie  doctrine  of  the  sovereignty  of  the  peo- 
ple that  wc  must  begin. 


The): 
be  found 
stitutionf 
without 
light,  it  i 
'  The 
have  bee 
of  every 
the  vena 
others,  b 
sotne  hav 
suppositic 
conmiant 
In  Am 
not  eithei 
it  is  recoji 
spreads  fi 
mote  con 
the  dootii 
])reciated, 
lairs  of  s( 
be  foresee 
I  iiave 
I'cignty  of 
greater  m 
however, 
ment  of  sc 
nal,  the  o- 
It  coulc 
which  wei 
was  there 
the  provin 
Amcric 
its  conse({ 
wealtij  of 
shown  in  t 
cratic  ind 
atithoiity  ' 
were  not  i 
them  el(;cl 
n'ithin  (;ei 
cation,  wh 
siilerable  ii 
Tlic  An 


37 


(il'llii.-* 

i;i\  oil 

;k'(;livi' 


The  principle  of  the  sovereignty  of  the  people,  which  is  to 
be  found,  more  or  less,  at  the  bottom  of  almost  all  human  in- 
stitutions, generally  remains  concealed  from  view.  It  is  obeyed 
without  being  recognised,  or  if  for  a  moment  it  be  brought  to 
light,  it  is  hastily  cast  bacl<  into  the  gloom  of  the  sanctuary. 

'  The  will  of  the  nation'  is  one  of  those  expressions  which 
have  been  most  profusely  abased  by  the  wily  and  the  despotic 
of  every  age.  To  the  eyes  of  some  it  has  been  represented  by 
the  venal  sulfrages  of  a  few  of  the  satellites  of  power ;  to 
others,  by  the  votes  of  a  timid  or  an  interested  minority  ;  and 
some  have  even  discovered  it  in  the  silence  of  a  people,  on  the 
supposition  that  the  fact  of  submission  established  the  right  of 
command. 

In  America,  the  principle  of  the  sovereignty  of  the  people  is 
not  either  barren  or  -joncealed,  as  it  is  with  some  other  nations; 
it  is  recognised  by  the  customs  and  proclaimed  by  the  laws  ;  it 
spreads  iVeely,  and  arrives  without  impediment  at  its  most  re- 
mote consequences.  If  there  be  a  country  in  the  world  where 
the  doctrine  of  the  sovereignty  of  the  people  can  be  fairly  ap- 
ju'eciated,  where  it  can  be  studied  in  its  ap[)lication  to  the  af- 
fairs of  society,  and  where  its  dangers  and  its  advantages  may 
be  foreseen,  that  country  is  assuredly  America. 

I  have  already  observed  that,  from  their  origin,  the  sove- 
reignty of  the  people  was  the  fundamental  princi[)le  of  the 
greater  number  of  Uritish  colonies  in  America.  It  was  far, 
however,  from  then  exercising  as  much  inllucncc  on  the  govern- 
ment of  society  os  it  now  does.  Two  obstacles,  the  one  exter- 
nal, the  other  internal,  checked     .,  invasive  progress. 

It  could  not  ostensibly  disclose  itself  in  the  laws  of  colonics 
which  were  still  constrained  to  obey  the  mother- country  ;  it 
was  therefore  obliged  to  spread  secretly,  and  to  gain  giound  iii 
the  provincial  assemblies,  and  especially  in  the  townships. 

American  society  wrs  not  yet  prepared  to  adopt  it  with  all 
its  conse(iuences.  The  intelligence  of  New  England,  and  the 
wealtii  of  the  country  to  the  south  of  the  Hudson,  (as  I  have 
shown  in  the  preceding  chajjter,)  long  exercised  a  sort  of  aristo- 
cratic inlluence  which  teiulcd  to  limit  the  exercise  of  social 
authority  within  the  hands  of  a  lew.  Tlie  j)ul)lic  functionaries 
were  not  universally  elected,  a>id  the  clii/i-ns  were  not  all  of 
them  electors.  The  electoral  hanehisc  was  every  where  placed 
within  certain  limits,  and  made  dependent  on  a  certain  ([ualifi- 
eation,  which  was  exceedingly  low  in  the  North  and  more  con- 
siderable in  the  f^ouLh. 

The  American  revolution  broke  out,  and  the  doctrine  of  the 


Ctnii 

p 

n 

>]  ,11 


I 

If. 


1 


"■■I 


38 

sovereignty  of  the  people,  which  had  been  nurtured  in  the  town- 
ships, took  possession  of  the  State  :  every  class  was  enlisted  in 
its  cause  ;  battles  were  fought,  and  victories  obtained  for  it ; 
until  it  became  the  law  of  laws. 

A  scarcely  less  rapid  change  was  effected  in  the  interior  of 
society,  where  the  law  of  descent  completed  the  abolition  of 
local  iiiduences. 

At  the  very  time  when  this  consequence  of  the  laws  and  of 
the  revokition  became  ajiparent  to  every  eye,  victory  was  irre- 
vocably pronounced  in  favor  of  the  democratic  cause.  All 
power  was,  in  fact,  in  its  hands,  and  resistance  was  no  longer 
possible.  The  higher  orders  submitted  without  a  murmur  and 
without  a  struggle  to  an  evil  which  was  thenceforth  inevitable. 
The  ordinary  lute  of  falling  powers  awaited  them  ;  each  of 
their  several  members  followed  his  own  interest  ;  and  as  it  was 
impossible  to  wring  the  power  fro'n  the  hands  of  a  people  which 
they  did  not  detest  sulhciently  to  brave,  their  only  aim  was  to 
secure  its  goc^  will  at  any  piice.  The  most  deu^ocratic  laws 
were  consequently  voted  by  the  very  men  whose  interests  they 
impaired  :  and  thus,  although  the  higher  classes  did  not  excite 
the  passions  of  ihe  people  against  their  order,  they  accelerated 
the  triumph  of  the  new  state  of  things  ;  so  that,  by  a  singular 
change,  the  democratic  impulse  was  found  to  be  most  irresisti- 
ble in  the  very  States  where  the  aristocracy  had  the  firmest 
hold. 

The  State  of  Maryland,  which  had  been  founded  by  men  of 
rank,  was  the  first  to  proclaim  universal  suffrage,*  and  to  intro- 
duce the  most  democratic  forms  into  the  conduct  of  its  govern- 
ment. 

When  a  nation  modifies  the  elective  qualification,  it  may 
easily  be  foreseen  that  sooner  or  later  that  qualification  will  be 
entirely  abolished.  There  is  no  more  invariable  rule  in  the 
history  of  society  :  the  further  electoral  rights  are  extended, 
the  more  is  felt  the  need  of  extending  them  ;  for  after  each 
concession  the  strength  of  the  democracy  increases,  and  its 
demands  increase  with  its  strength.  The  ambition  of  those 
who  are  below  the  appointed  rate  is  irritated  in  exact  proportion 
to  the  great  number  of  those  who  are  above  it.  The  exception 
at  last  becomes  the  rule,  concei?sion  follows  concession,  and  no 
stop  can  be  made  short  of  universal  sutlrage. 

At  the  present  day  the  principle  of  the  sovereignty  of  the 
people  has  acquired,  in  the  United  States,  all  the  practical  de- 

*  See  theaniuudinentd  made  to  ihu  Constitution  of  Maryland  in  1801  and  1809. 


velopm( 

cumber 

other  cc 

ing  to  tl 

made  b} 

its  reprc 

ness  in  i 

In  SOI 

gree  for 

sue  a  cei 

pai'tly  wi 

nothina:  < 

society  g( 

and  scant 

to  concei 

where. 

the  choi( 

the  choic 

almost  be 

share  left 

get  their 

natc* 


NECESSIT 


It  is  prop 
form  of  g 
the  soverc 
derances, 


39 


of 


was 
hich 
s  to 
laws 
they 
scite  J 
•ated      I 


velopment  which  the  imagination  can  conceive.  It  is  unen- 
cumbered by  those  fictions  wliicli  have  been  thrown  over  it  in 
other  countries,  and  it  appears  in  every  possible  form  accord- 
ing to  the  exigency  of  the  occasion.  Sometimes  the  laws  are 
made  by  the  people  in  a  body,  as  at  Athens ;  and  sometimes 
its  rej)resentatives,  chosen  by  universal  suifrage,  transact  busi- 
ness in  its  name,  ant  -almost  under  its  immediate  control. 

In  some  countries  a  power  exists  which,  though  it  is  in  a  de- 
gree foreign  to  the  social  body,  directs  it,  and  forces  it  to  pur- 
sue a  certain  trade.  In  others  the  ruling  force  is  divided,  being 
partly  within  and  partly  without  the  ran'.vs  of  the  people.  But 
nothing  of  the  kind  is  to  be  seen  in  the  United  States  ;  there 
society  governs  itself  for  itself  All  power  centres  in  its  bosom  ; 
and  scarcely  an  individual  is  to  be  met  with  who  would  venture 
to  conceive,  or,  still  less,  to  express,  the  idea  of  seeking  it  else- 
where. The  nation  participates  in  the  making  of  its  laws  by 
the  choice  of  its  legislators,  and  in  the  execution  of  them  by 
the  choice  of  the  ng(,'nts  of  the  executive  government ;  it  may 
almost  be  said  to  govern  itself,  so  feeble  and  so  restricted  is  the 
share  left  to  the  administration,  so  little  do  the  authorities  Ibr- 
get  their  popular  origin  and  the  power  from  which  they  ema- 
nate* 


CHAPTER  V. 

NECESSITY    OF    EXAMINING    THE    CONDITION    OF    THE    STATES 
BEFORE  THA*  OF  THE  UNION  AT  LARGE. 

It  is  proposed  to  examine  in  the  following  chapter,  what  is  the 
form  of  government  established  iu  America  on  the  jirinciple  of 
the  sovereignty  of  the  people  ;  what  are  its  resoiirces,  its  hin- 
derances,  its  advantages,  and  its  dangers.     The  first  difficulty 

•  See  Appendix,  H. 


r" 

•J  .11 

I** 

!<>   1 

If  •  * 

I'  ''i 


40 


whicii  pvescnts  itself  arises  from  the  complex  nature  of  the 
Constitution  of  the  United  »States,  which  consists  of  two  distinct 
social  structures,  connected,  and,  as  it  were,  encased  one  within 
the  other  J  two  governments,  completely  separate,  and  almost 
independent,  the  one  fuliillinsi;  the  ordinary  duties,  and  respond- 
ing to  the  daily  and  indefinite  calls  of  a  community,  the  other 
circumscribed  within  certain  limits,  and  only  exercising  an 
exceptional  authority  over  the  general  interests  of  the  country. 
In  short,  there  are  twenty-four  small  sovereign  nations,  whose 
agglomeration  constitutes  the  body  of  the  [Inlon.  To  examine 
the  Union  before  we  have  studied  the  States,  would  be  to  adopt 
a  method  fdled  with  obstacles.  'IMie  form  of  the  Federal  (!ov- 
crnment  of  the  United  States  was  the  last  which  was  adojited  ; 
and  it  is  in  fact  nothing  more  than  a  modification  or  a  sunnnary 
of  those  republican  princijiles  which  were  current  in  the  whole 
community  before  it  existed,  and  independently  of  its  existence. 
^Moreover,  the  Federal  CJoverimient  is,  as  I  have  just  observed, 
the  exception  ;  the  (lovernment  of  the  States  is  the  rule.  'The 
author  who  should  attempt  to  e\liil)it  the  picture  as  a  whole, 
betbrc  he  had  explained  its  details,  would  necessarily  fall  into 
obscurity  and  repetitio*n. 

Tl"'  great  political  jjrinciples  whicli  govern  American  so- 
ciety at  this  day  undoubtedly  took  their  origin  and  their  growtli 
in  the  State.  It  is  therefore  necessary  to  become  acquainted 
with  the  State  in  order  to  |K)sscss  a  cltio  to  the  remainder. 
The  States  which  at  present  compose  the  American  Union  all 
present  the  same  features  as  far  as  regards  the  external  aspect 
of  their  institutions.  'I'heir  political  or  administrative  existence 
is  centred  in  three  foci  of  action,  which  tnay  not  inaj)tly  be 
compared  to  the  different  nervous  centres  which  convey  motion 
to  the  human  body.  The  township  is  the  lowest  in  order,  then 
the  county,  and  lastly  the  State  ;  and  I  propose  to  devote  the 
following  chapter  to  the  examination  of  tiiese  three  divisions. 


4 


TPIE   AMI 


Wliy  tlic  A I 
lowiisliij). 
iiig  iiidcpi 
sliip  systei 

It   is    no 

Townshif 

whicli  is  s 

arc  col  lee 

The  to^ 

nity,  must 

and  custoi 

es  republi 

by  the  hai 

sliij)  is  co( 

rarely  resj 

to  establi; 

contains  a 

if  not  by  t 

ship  is,  on 

are  less  ( 

which  attc 

nient  than 

peojile. 

a  local  hh 


"  [It  isl)y 
'  Coiiimiiiir,  a 
precisely  cor 
sociatinii  of 
hy  a  Mnhr  a 
privilege,  \v|i 
li'iideil  to  e\  t 
(liviiled  at  til 
wliK'li  is  ireiir 
ties  of  the  .\( 
into  parishe 
lions,  exist  in 
term  com  inn 
excliiv'»iv(!ly  t( 
noil's  {pi  risuiit 


41 


THE   AMERICAN   SYSTEM   OF   TOWNSHIPS   AND  MUNICIPAL  BO- 
DIES.* 


i 

! 


Wliy  the  Author  begins  tlic  CYaininalion  of  flie  political  iiistitiUions  with  the 
inwiisliip. — Its  c\lst(MiC(!  in  all  nations. — Diliiciilly  (tl  estal)lishiiig  and  preserv- 
ing independence. — Its  inifiortance. — Why  the  Anthor  has  selected  the  town- 
ship system  of  New  England  as  the  main  object  ofhia  inquiry. 

It  is  not  undesignedly  that  I  begin  this  subject  with  the 
Township.  The  village  or  township  is  the  only  association 
which  is  so  pei-rectly  natural,  that  wherever  a  number  of  men 
are  collected,  it  seems  to  constitute  itself. 

The  town,  or  tithing,  as  the  smallest  division  of  a  commu- 
nity, must  necessarily  exist  in  all  nations,  whatever  their  laws 
and  customs  may  be  :  if  man  makes  monarchies,  and  establish- 
es republics,  the  first  association  of  mankind  seems  constituted 
by  the  hand  of  God.  lint  although  the  existence  of  the  town- 
ship is  coeval  with  that  of  man,  its  liberties  are  not  the  less 
rarely  respected  and  easily  destroyed.  A  nation  is  always  able 
to  establish  great  political  assemblies,  because  it  habitually 
contains  a  certain  number  of  individuals  fitted  by  their  talents, 
if  not  by  their  habits,  for  the  direction  of  afiairs.  The  town- 
ship is,  on  the  contrary,  comjiosed  of  coarser  materials,  which 
are  less  easily  fashioned  by  the  legislator.  The  diiliculties 
which  attend  the  consolidation  of  its  independence  rather  aug- 
ment than  diiifuiish  with  the  increasing  eidightenment  of  the 
people.  A  highly  civili/.ed  community  spurns  the  attempts  of 
a  local  indepeiulence,  is  disgusted  at  its  numerous   blunders, 


■*  [Itishy  this  jioriphrasis  that  I  attempt  to  render  the  French  expressions 
'  Coiiiiiiiinr,  and  '  Sjisli mr.  Coniinitniil'  I  am  not  awaro  that  iuiy  English  word 
precisely  corresponds  to  tiie  gcjneral  term  of  the  original.  In  l''rance  every  as- 
sociation of  human  (hveilings  I'ormsa  roinnniw,  and  every  conmunn!  is  governed 
hy  a  }Tain'  and  a  ('miscil  iinnii(lj)iil.  In  other  words,  the  iiKiiicijiiitiu  or  municipal 
privilege,  which  lieiongs  in  I'^ugland  to  chartered  corporations  alone,  is  alike  ex- 
li'iidtMl  to  e\i!iy  comminn!  into  which  the  cantfuisand  depaitments  of  Eninct'  weie 
divided  at  tiie  Ilevohiti(Mi.  TIkmicc  the  dillereiU  application  of  tiie  expression, 
which  is  general  in  one  country  and  restrict(ul  in  the  other.  In  America,  the  coun- 
ties of  tii(' Ps'orthern  Stales  are  divided  into  townships,  those  of  the  Southern 
into  parishes;  hnsides  which,  miinici|i;'.l  ho(li(>s,  beiring  the  name  of  corpora- 
tions, exist  in  the  cities.  I  shall  a|)p!y  these  several  expressions  to  render  the 
term  cuiinnnuc  The  word,  '  |)arish,'  now  ciimmonly  used  in  England,  belongs 
exclusively  to  tlie  ecclesiastical  di\'ision;  it  denotes  the  limits  over  which  a  par- 
xun's  (i)irxuii(i  tcr/tsur  or  perhaps  pttruiltianus)  rights  extend. —  Trunslatofs  iWott  \ 


M. 


\~^  ' 


•1 ,11 


I 


1 


i  ."I 


I' 


>:     Vih 


42 


and  is  apt  to  des  w  of  success  before  the  experiment  is  com- 
pleted. Again,  no  immunities  arc  so  ill  j)rotecte(l  from  the 
encroachments  of  the  supreme  power  as  those  of  municipal 
bodies  in  general:  they  are  unable  to  struggle,  single-handed, 
against  a  strong  or  an  enterprising  government,  and  they  can- 
not defend  their  cause  with  success  unless  it  be  identified  with 
the  customs  of  the  nation  and  supj)orted  '^v  pidjlic  ()j)inion. 
Thus  until  the  indej)endence  of  townships  is  amalgamaied  with 
the  manners  of  a  people,  it  is  easily  destroyed  ;  and  it  is  only 
after  a  long  existence  in  the  laws  that  it  can  be  thus  amalga- 
mated. Municijial  freedom  eludes  the  exertions  of  man  ;  it  is 
rarely  created  ;  but  it  is,  as  it  were,  secretly  and  spontaneously 
engendered  in  the  midst  of  a  semi-harbarous  state  of  society. 
The  constant  action  of  the  laws  and  the  national  hal)its,  pecu- 
liar circumstances,  and  above  all  lime,  may  consolidate  it ;  but 
there  is  certainly  no  nation  on  the  continent  of  Europe  which 
has  experienced  its  advantages.  Nevertheless  local  assemblies 
of  citizens  constitute  the  strength  of  free  nations.  INIunicipal 
institutions  are  to  liberty  what  primary  schools  are  to  science ; 
they  bring  it  within  the  people's  reach,  they  teach  men  how  to 
use  and  how  to  enjoy  it.  A  nation  may  establish  a  system  of 
free  government,  but  without  the  spirit  of  munici|)al  institutions 
it  cannot  have  the  spirit  of  liberty.  The  transient  passions, 
and  the  interests  of  an  hour,  or  the  chance  of  circumstances, 
may  have  created  the  external  forms  of  independence  ;  but  the 
despotic  tendency  which  has  been  repelled  will,  sooner  or  later, 
inevitably  re-appear  on  the  surface. 

In  order  to  explain  to  the  reader  the  general  principles  on 
which  the  political  organizations  ol'the  counties  and  townships 
of  the  United  States  rests,  1  have  thought  it  expedient  to  choose 
one  of  the  States  of  New  England  as  an  example,  to  examine 
the  mechanism  of  its  constitution,  and  then  to  cast  a  general 
glance  over  the  country. 

The  township  and  the  county  are  not  organized  in  the  same 
manner  in  every  part  of  the  Union  ;  it  is  however  easy  to  per- 
ceive that  the  same  principles  have  guided  the  formation  of 
both  of  them  throughout  the  Union.  I  am  inclined  to  believe 
that  these  principles  have  been  carried  further  in  New  England 
than  elsewhere,  and  conserpiently  that  they  offer  greater  I'acili- 
ties  to  the  observations  of  a  stranger. 

The  institutions  of  New  England  form  a  complete  and  regu- 
lar whole  :  they  have  received  the  sanction  of  time,  they  have 
the  support  of  the  laws,  and  the  still  stronger  support  of  the 


>  4 


manner 
prodigii 
on  ever 


The  T( 
I  ween  tli 
resj)onds 
rage  po| 
the  one  J 
conflict, 
J'alrs  are 


AUl 

Tlio  peoplo 
IVo  cor|)( 

])iil)lic  oil 

In  the  to 
only  sou 
body  of 
rlca,  the 
to  the,ut 

InN 
conduct 


e\ 


arrangen 
where  th 
ment  is  ii 
of  repress 
the  body 


"  111  Ifi'X 
inhabitant:^ ; 


43 


manners  of  tlie  community,  over  which  they  exercise  the  most 
prodigious  iulhicnce ;  they  consequently  deserve  our  attention 
on  exevy  account. 


)  I 


LIMITS    OF    THE    TOWNSHIP. 

The  Township  of  New  England  is  a  division  which  stands  h> 
Iwecn  the  commune  and  the  canton  of  France,  and  which  cor- 
responds in  general  to  the  English  tithing,  or  town.  Its  ave- 
rage population  is  from  two  to  three  thousand  ;*  so  that,  on 
the  one  hand,  the  interests  of  the  inhabitants  are  not  likely  to 
conflict,  and,  on  the  other,  men  capable  of  conducting  its  af- 
fairs are  always  to  be  found  among  its  citizens. 


AUTHORITIES  OF  THE  TOWNSHIP  IN  NEW  ENGLAND. 

Tlio  peoplo  tho  source  of  all  power  here  as  elsewhere. — Manages  its  own  aflliirs. — 
No  corporalion. — Tin'  ^neater  part  of  the  aiuliority  vested  in  the  hands  of  the 
Heloctiiien. — How  the  Sciet'linon  act. — Town  meeting. — Enumeration  of  the 
puhiic  ollicers  of  the  town:<hip. — Obligatory  and  remunerated  functions. 

In  the  township,  as  well  as  everywhere  else,  the  people  is  the 
only  source  of  power;  but  in  no  stage  of  government  does  the 
body  of  citixens  exercise  a  more  immedate  influence.  In  Ame- 
rica, the  people  is  a  master  whose  exigences  demand  obedience 
to  the, utmost  limits  of  possibility. 

In  New  England  tlie  majority  acts  by  representatives  in  the 
conduct  of  the  jitiblic  business  of  tlie  State ;  but  if  such  an 
arrangement  be  necessary  in  general  aflairs,  in  the  townships, 
where  the  legislative  and  administrative  action  of  the  gover- 
ment  is  in  more  immediate  contact  with  the  subject,  the  system 
of  re})resentation  is  not  adopted.  There  is  no  corporation  ;  but 
the  body  of  electors,  after  having  designated  its  magistrates,  di- 


''  In  If'RO  there  were  305  townships  in  the  State  of  Masssachusetts,  and  610,014 
inhabitants ;  which  gives  an  average  of  about  2,000  inhabitants  to  each  township. 


■k 

I'  :  i 


m\ 


gfmm 


I'* 

If 


J 

1 

1 

\ 


tmrn 


44 


rects  ihem  in  everything  that  exceeds  the  simple  and  ordinary 
executive  business  of  the  State.* 

This  state  ofthinj^s  is  so  contrary  to  our  ideas,  and  so  dif- 
ferent from  our  customs,  that  it  is  necessary  for  me  to  adduce 
some  examples  (o  explain  it  thoroughly. 

The  |)tiblic  duties  in  the  township  are  extremely  numerous, 
and  minutely  divided,  as  we  sliidl  see  further  on  ;  but  tiu!  large 
prof)orlion  of  administrative  power  is  vested  in  the  hands  of  a 
small  number  of  individuals  called  "  the  f>electmen.t" 

The   general  laws  of  the  ."^tate  impose  a  certain  number  of 
obligations  on  the   selectmen,  w  hich  they  may  fuKil  without  the 
authorization  of  the  body  they  govern,  but  which  they  can  oidy 
neglect  on  their  own   resi)onsibility.     The    law   of  the    State 
obliges  them,  for  instance,  to  draw  u\)  the    list  of  electors  in 
their  townships  ;   and  if  they  omit  this  part  of  their  functions, 
they  are   guilty   of  a  misdemeanor.     In   all   the   aiVairs,   liow- 
ever,  which  are  determined  by  the  town-nu'cting,  the  selectmen 
are  the  organs  of  the  popular  mandate,  as  in  France  the  ^[airc 
executes  the  decree  of  the   niunicij)al  council.      'I'hey    usually 
act  u|:on  their  own  responsibility,  and  merely   put  in  practice 
principles  which,  have  been   previously  recognized  by  the  ma- 
jority.    But  if  any  change  is  to  be  introduced  in   the   existing 
state  of  things,  or  if  they  wish  to  undertake  any  new  enterprise 
they  are  obliged  to  refer  to  the  source  of  their  [)ower.     If  for  in- 
stance, a  school  is  to  be  established,  the  selectmen  convoke  the 
whole  body  of  electors  on  a  certain  day  at  an  appointed  place; 
they  explain  the  urgency  of  the  case;  ;  tliey  give  their  opinion  on 
the  means  of  satisfying  it,  on  the  probable  expense,  and  the  site 
which  seems  to  be   most  iavorable.     The  meeting  is  consulted 
on  these  several  |)oinis  ;  it  adopts  the  princij)le,  marks  out  the 
site,  votes  the  rate,  and  confides  the  execution  of  its  resolution 
to  the  selectmen.  «  ^.a  i  V-  V^ 

*  Tlic  snme  rules  arc  not  ap])liciili!o  lo  tlio  preat  towns,  whicli  grncrnlly  liavo.i 
mayor,  and  a  corporation  divided  into  two  bodies  ;  tliis,  liowcvcr,  is  an  (  xroption 
wliirli  rpi]u  ros  th'  sanction  of  a  law. — 8pc  tin;  act  of  ii"3d  rdiruary  \>'2'2,  ("or 
appointing:  llio  antlioritics  of  tlio  City  of  Boston.  It  frc(]n('ntly  liaj)p('ns  that 
small  towns  as  well  as  cities  arc  subject  to  a  jtecidiar  adniiiiistratidn.  In  If^I?!?, 
104  (owTiships  ill  the  Slate  of  New  York  were  governed  in  ilii.s  manner. —  Uil- 

t  Three  selectmen  arc  api)ointed  in  the  small  townships,  and  nine  in  the  large 
ones. — Sec  '  The  Town  OiKcer,'  p.  I8G.  Sec  al.«o  the  principal  laws  of  the  Stato 
of  Massachusetts  relative  to  the  f.electmen : 

Act  of  tlie!<!Oth  February,  17H().  vol.  1.  p.  219;  24tli  February,  1796.  vol.  i.  p. 
4R3;  7th  March,  1801.  vol.  ii.  p. 4.^);  KUh  June,  179.').  vol.  i.  p.  475;  12th  March, 
1808,  vol.  ii,  p.  18G;  28th  February,  1787,  vol.  i.  p.  30)2;  22d  June,  1797,  vol.  i.  p. 
639. 


Thci 
but  tliej 
of  subni 
may  dtj 
Jectmen 
presidiiij 
The  s 
or  of  Mfi 
inmiber  ( 
portant  j 
ship  ;  tht 
to  keep  t 
edition  o 
orders,   g 
keeps  the 
task  of  s] 
men  are  a 
tion  ;  and 
lesser  tlioi 
cipal  funci 
and  anion 
missioners 
ent  classes 
in  case  o 
<-'rs,  fence- 
measurers 
There  .1 
inhabitant 
these  difler 
order  that 
without  lo; 
a  fixed  sal; 
and  they 
done. 


*  S^e  laws 

t  All  these  1 

in  a  book  calle 

hi  the  Collecti 


'.!    -'  ■ 


45 


n- 
le 


he 
ion 


The  selectmen  have  alone  the  right  of  calling;  a  town-meeting  ; 
but  they  may  be  rcqiicsteil  to  do  so  :  if  the  citizens  arc  desirous 
of  submitting  a  new  project  to  the  assent  of  the  township,  they 
may  dcnmnd  a  general  convocation  of  the  inhabitants  ;  the  se- 
lectmen arc  obliged  to  comply,  but  they  have  only  the  rigiit  of 
presiding  at  the  meeting.* 

The  selectmen  arc  elected  every  year  in  the  month  of  April 
or  of  May.  The  town-meeting  chooses  at  the  same  time  a 
number  of  municij)al  magistrates,  who  arc  entrusted  with  im- 
portant administrative  functions.  The  assessors  rate  the  town- 
ship ;  the  collectors  receive  the  rate.  A  constable  is  appointed 
to  keep  the  peace,  to  watch  the  streets,  and  to  forward  the  ex- 
ecution of  the  laws;  the  town-clerk  records  all  the  town  votes, 
orders,  grants,  births,  deaths,  and  marriages ;  the  treasurer 
keeps  the  funds ;  the  overseer  of  the  poor  performs  the  ditlicult 
task  of  suj)erintending  the  action  of  the  poor  laws;  committee- 
men are  appointed  to  attend  to  the  schools  and  to  public  instruc- 
tion ;  and  the  road-surveyors,  who  take  care  of  the  greater  and 
lesser  thoroughfares  of  the  township,  complete  the  list  of  the  prin- 
cij)al  functionaries.  They  are  however,  still  further  subdivided ; 
and  among  themunicii)al  oflicers  are  to  be  found  parish  com- 
missioners, who  audit  the  expenses  of  public  worship  ;  ditler- 
ent  classes  of  inspectors,  some  of  whom  are  to  direct  the  citizens 
in  case  of  fire  ;  tithing-men,  listers,  haywards,  chimney-view- 
ers, fence-viewers  to  mantain  the  bounds  of  property,  timber- 
measurers,  and  scalers  of  weights  and  measures.! 

There  arc  nineteen  principal  otiices  in  a  township.  Every 
inhabitant  is  constrained,  on  pain  of  being  fined,  to  undertake 
these  different  finictions  ;  which,  however,  are  almost  all  paid,  in 
order  that  the  poorer  citi/xiis  may  be  able  to  give  up  their  time 
w  ithout  loss,  in  general  the  American  system  is  not  to  grant 
a  fixed  salary  to  its  functionaries.  Kvcry  service  has  its  price, 
and  they  arc  remunerated  in  proportion  to  what  they  have 
done. 


*  Sf-c  l;uv.s  of  I\rns«ap!msptl.«.  vol.  i.  p.  ITjO,  Act  of  tlio  Goth  ^^al•<•ll,  IT.-^O, 
I  All  tliesi!  iiKiyistratos  (ictnally  exist  ;  tlioir  iliiVoreiit  t'uuctioiis  are  all  detailed 
in  a  book  calliul  '  Tlit;  Town  Ollicer,'  l)y  Isaac-  (ioodwiii,  Worcester,  \f'27  ;  and 
iu  the  Collection  of  the  tienoralLuwa  of  Massachusetts,  3  vols,,  Boston,  1S23. 


>v 


# 

'5'  .« 
} 


I'    ''i 


i         !  ; 


t.    ■    ■' 


.4' 


40 


EXrSTENCE    OF    THE  TOWx\SIIIP. 

Every  one  tlic  best  jiulge  of  Iiia  own  interest. — Corolliiry  of  tlie  principle  of  tlio 
poveri'iitnfy  of  iIk'  |)(!0|)le. — Ap|iliciitioM  of  tiiesc;  doctrines  in  tlie  lownsliips  of 
AinericM.—  Tlu-  township  of  JNew  i;nf;lim(l  is  sovcrci;:!!  in  lliiit  concerns  itself 
nIoiH!;  siilij(.'cl  lo  llie  8tiite  in  iill  oilier  niiillers. — 15(in<l  of  lo\vnsliij»  luiil  tlie 
State. — In  Triince  the  (foverninent  lends  its  agents  to  tlie  Coiinuiiia, — In  Ame- 
rica tile  rever.se  oceurs. 

I  HAVE  already  observed,  that  the  priiicij)le  of  the  sovereignty 
of  the  peo])le  g-overns  the  whole  })()litical  system  of  the  Anglo- 
Americans.     J'lvery  page  of  this  hook  will  allbrd  new  instances 
of  the  same  doctrine.     In  the  nations  by  which  the  sovereignly 
of  the  people  is  recognised,  every  intiividiial  j)ossesses  an  c(]iial 
share  of  power,  and  |)articipates  alike  in  the  government  ol'the 
State.     Every  individual  is  therefore  supposed  to  be  as  well 
informed,  as  virtuous,  and  as  strong  as  any  of  his  fellow-citi/.ens. 
lie  obeys  the  government,  not  because  he  is  inferior  to  the  au- 
thorities V  'ich  conduct  it,  or  that  he  is  less  capable  than  his 
neighboi         governing  himself,  but  because  he  acknowledges 
the  ut'Iity  of  an  association  with  his  fellow-men,  and  because  he 
knows  that  no  such  association  can  exist  without  a  regulating 
force.     If  he  be  a  subject  in  all  that  cont^crns  the  mutual  rela- 
tions of  citizens,  he  is  free  and  n^sponsible  to  (Jod  alone  for  tdl 
that  concerns  himself.     Hence  arises  the  maxim  that  everyone 
is  the  best  and  the  sole  jutlge  of  his  own  private  interest,  and 
that  society  has  no  right  to  control  ;i  man's  actions,  unless  they 
are  prejudicial  to  the  common  weal,  or  unless  the  common  weal 
demands  his  co-operation.     This  doctrine  is  universally  admitted 
in  the  United  States.     I  shall  hereafter  examine  the  general  in- 
fluence which  it  exercises  on  the  ordinary  actions  of  life:  I  am 
now  speaking  of  the  nature  of  muni<i])al  bodies. 

The  township,  taken  as  a  whole,  and  in  rehitioii  to  the  gov- 
ernment of  the  coitntr\',  may  be  looi^ed  upon  as  an  individual 
to  whom  the  theory  I  have  just  alluded  to  is  apj)lied.  Municipal 
indejiendence  is  therefore  a  natural  consequence  of  the  princi|)le 
of  the  sovereignty  of  the  people  in  the  United  tSttites  :  all  the 
American  republics  recognise  it  more  or  less ;  but  circiunstances 
iiave  peculiarly  favored  its  growth  in  ?^cw  England. 

In  this  part  of  the  Union  the  impidsion  of  political  activity 
was  given  in  the  townships ;  and  it  may  almost  be  said  that 


each  ( 

the  ki 

tented 

of  i\e 

they  ai 

pepenc 

not  be 

cof'rai 

to  tlie  i 

hi  thost 

to  all  tl 

tliemsel 

believe 

that  the 

The  to\\ 

dieted,  ;i 

opposilit 

i<lMe. 

They 
the  conin 
neither  g 
road,  the 
«  police  r 
the  town, 
over  the 
-'schools  w 
tion  of  the 

«l<;ins    by 

different  c 
tion.     Str 
'uij)oses  it 
••^hij)  resiini 
h'  the  Sta 
•■^'"'p  ;  the 
builds,  pax 
tor  receivi 
loceives  thi 
'♦''ids  its  ai 
the  agent 
t«nt  of  the 


47 


each  ofthcni  originally  fornjcd  an  independent  nation.  When 
the  Ivings  of  England  asserted  their  supremacy,  they  were  con- 
tented to  assunu.'  the  central  power  of  the  State.  The  ti.ivnsh.ps 
ol"  JNew  Jinghind  remained  as  they  were  bel'ore  ;  and  although 
they  are  now  subject  to  the  tState,  they  wore  at  lirst  scarcely  dc- 
pependent  upon  it.  It  is  important  to  remember  that  they  have 
not  been  invested  with  privileges,  but  that  they  seen),  on  the 
eoi'*rary,  to  have  surrendered  a  |)ortion  of  their  independence 
to  the  State.  The  townships  are  oidy  subordinate  to  the  State 
in  those  interests  which  1  sliall  term  social^  as  they  are  common 
to  all  the  citizens.  Tln'y  are  independent  in  all  that  concerns 
themselves  ;  and  amonii'st  the  iidiabitants  of  New  i-'ingland  I 
believe  that  not  a  man  i>  to  be  Ibund  who  would  acknowledge 
that  the  State  has  any  right  to  interfere  in  their  local  interests. 
The  towns  of  iNevv  J'^nglaiul  buy  and  sell,  prosecutt-  or  are  in- 
dicted, augment  or  diminish  their  rates,  without  the  slightest 
opposition  on  the  part  of  the  administrative  authority  of  the 
State. 

They  are  bonnd,  however,  to  comply  with  the  demands  of 
the  community.  Jf  the  State  is  in  need  of  money,  a  town  can 
neither  give  nor  withhold  the  supplies.  If  the  State  projects  a 
road,  the  towii>liip  cannot  refuse  to  let  it  cross  its  territory  ;  if 
a  police  regulation  is  nuule  by  the  State,  it  nmst  be  enlbrced  by 
the  town.  A  uniform  system  of  instruction  is  organized  all 
over  the  country,  anil  every  town  is  bound  to  establish  the 
schools  which  the  law  ordains.  In  speaking"  of  the  administra- 
tion of  the  I  uited  States,  I  shall  have  occasion  to  point  out  the 
means  by  which  tlu;  townships  aie  conn)(>ll(>d  to  obey  in  these 
difl'erent  cases :  I  here  merely  show  the  existence  of  the  obliga- 
tion. Strict  as  this  obligation  is,  the  government  of  the  State 
imposes  it  in  j)rinciple  oidy,  ami  in  its  performance  the  town- 
ship resumes  all  its  indepemlent  rights.  Thus,  taxes  are  voted 
by  the  State,  but  they  are  assessed  and  collected  by  the  town- 
ship ;  the  existence  of  a  school  is  obligatory,  but  tlie  township 
builds,  pays,  and  superintentls  it.  Tn  France  the  State-collec- 
tor receives  the  local  imposts ;  in  America  the  town-collector 
receives  the  taxes  of  the  State.  Thus  the  French  (Jovernment 
lends  its  agents  to  the  connnunc  ;  in  America,  the  township  is 
the  agent  of  the  Government.  The  fact  alone  shows  the  ex- 
tent of  the  differences  which  exist  between  the  two  nations. 


fitaftii 


i'     I 


J 


BBCa 


48 


rUBLTC  SPIRIT  OF  THE  TOWNSHIPS  OF  NEW  ENGLAND. 

IIovv  the  township  of  Now  rnglimd  wins  the  nIVoctioiiH  of  itn  inliiihifimtH. — Ditli- 
ciihy  of  (.'it'iitirii,' lociil  piililic  spirit  in  I'lmopc? — 'I'lii!  ri;i;lil'^  and  ilnlics  of  tlio 
Aim;ric;in  towiisliip  fivoiiihlo  to  it — (  lianu'tciisiif's  of  lionic  in  the  I'niteil 
States. — Manifestations  of  public  npiril  in  NevvEnghind. — Its  liappy  cll'ects. 

In  America,  not  only  do  municipal  bodies  exist,  but  lliey  are 
kept  alive  and  supported  by  ])iiblic  spirit.  The  townsliip  ot* 
New  Kny;land  possesses  two  advantages  which  inl'allibly  secure 
the  attentive  ititerest  of  maid\ind,  namely,  independence  and 
authority.  Its  sphere  is  indeed  small  and  limited,  but  within 
that  sphere  its  action  is  unrestrained  ;  and  its  inde))endencc 
would  give  to  it  a  real  importance,  even  if  its  extent  and  popu- 
lation did  not  ensure  it. 

It  is  to  be  remembered  that  the  afl'ections  of  men  are  gene- 
rally turned  only  where  there  is  strength.  I'atriotism  is  not 
durable  in  a  conrpiercd  nation.  The  New  Englander  is  at- 
tached to  his  township,  not  oidy  because  he  was  born  in  it,  but 
because  it  constitutes  a  strong  and  free  social  body  of  which  he 
is  a  member,  and  whose  govcrnnicnt  claims  and  deserves  the 
exercise  of  his  sagacity.  In  Kuro|K'  the  absence  of  local  pub- 
lic spirit  is  a  frequent  subject  of  regret  to  those  who  are  in 
power  ;  every  one  agrees  that  there  is  no  surer  guarantee  of 
order  and  irantpiillitv,  and  yet  nothing  is  more  dillicult  to 
create.  If  the  municipal  bodies  wereniade  powerful  and  inde- 
pendent, the  authorities  of  the  nation  might  be  disunited,  and 
the  peace  of  the  country  endangered.  Y  et,  without  power  and 
independence,  a  town  may  contain  good  subjects,  but  it  can 
have  no  active  citizens.  Another  important  fact  is  that  the 
township  of  New  England  is  so  constituted  as  to  excite  the 
warmest  of  human  allections,  without  arousing  the  ambitious 
passions  of  the  heart  of  man.  The  oilicers  of  the  comity  arc 
not  elected,  and  their  authority  is  very  limited.  Even  the  State 
is  only  a  second-rate  community,  whose  tranquil  and  obscure 
administration  od'ers  no  inducement  sullicientto  draw  men  away 
from  the  circle  of  their  interests  into  the  turmoil  of  public  af- 
fairs. The  federal  government  confers  power  and  honor  on 
the  men  who  conduct  it ;  but  these  individuals  can  never  be 
very  numerous.     The  high  station  of  the  Presidency  can  only 


be  rea( 
fiinctio 
tune,  o 
the  ])t>ri 
as  a  cer 
interest 
of  the  ( 
monly  t 
vent  so 
In  tht 
admirab 
sible  nui 
of  the  el 
body  ])ol 
cers,  win 
erful  corj 
tration  tl 
a  vast  nui 
The  A 
among  so 
tlons  of  t 
I't^ved,  an 
wliich  is  I 
the  activi 
daily  man 
right;  an 
society  w 
'li'e  A 
taineer  c 
his  coiinti 
Tiic  existt 
a  haj)py  o 
chosen  by 
general  c( 
municipal 
ness  is  eas 
been  com 
people  lire 
tion  exists 
munity  is 
which  ma 
general  ct 
defective,  ( 


40 


tni 


be  rcaclioi'  at  an  advanced  period  of  life  ;  and  the  other  federal 
fimctioiiario.  arc  j-emirally  men  who  have  been  favored  by  I'or- 
tiiue,  or  distinguished  in  some  other  career.  Such  cannot  be 
the  permanent  aim  of  the  ami)itiou3.  ]iiit  the  townshij)  serves 
as  a  centre  for  the  desire  of  public  esteem,  the  want  of  exciting 
interests,  and  the  taste  for  autiiority  and  popularity,  in  the  midst 
of  the  ordinary  rehitions  of  IKi)  :  aiul  the  passions  which  com- 
monly embroil  s(tciely,  change  their  character  when  they  find  a 
vent  so  near  the  domestic  hearth  and  th(!  family  circle. 

In  the  American  States  power  has  been  disseminated  with 
admirable  skill,  for  the  piu'pose  of  interesting  the  greatest  pos- 
sible number  of  j)ersons  in  the  common  weal.  Independently 
of  the  electors  wIjo  are  from  time  to  time  called  into  action,  the 
body  politic  is  divided  into  innumerable  functionaries  and  olli- 
cers,  who  all,  in  their  several  spheres,  represent  the  same  pow- 
erful corporation  in  whose  name  the}'  act.  The  local  adminis- 
tration thus  allbrds  an  unfailinj^  source  of  prolit  and  interest  to 
a  vast  number  of  individuals. 

The  American  system,  which  divides  the  local  authority 
among  so  many  citi/.ens,  does  not  scru[)le  to  multiply  the  func- 
tions of  the  town  ofllcers.  For  in  the  I  tilted  States  It  is  be- 
lieved, and  with  truth,  that  |)atriotism  is  a  kind  of  devotion 
which  is  strengthened  by  ritual  observance.  In  this  manner 
the  activity'  of  the  township  is  continually  perceptible  ;  it  is 
daily  manifested  in  the  fuliilment  of  a  duty,  or  the  exercise  of 
right ;  and  a  constant  though  gentle  motion  is  thus  kept  up  in 
society  which  animates  without  disturbing  it. 

TI;e  American  attaches  himself  to  his  home,  as  the  moun- 
taineer clings  to  his  hills,  because  the  characteristic  features  of 
his  coutitry  are  there  more  distinctly  marked  than  elsewhere. 
The  existence  of  the  townships  of  New  England  is  In  general 
a  happy  one.  Their  government  is  suited  to  their  tastes,  and 
chosen  by  themselves.  In  the  midst  of  the  j)rofound  peace  and 
general  comfort  which  reign  In  America,  the  commotions  of 
nuinicipal  discord  are  unfrer|ucnt.  The  conduct  of  local  busi- 
ness is  easy.  The  political  education  of  the  people  has  long 
been  complete  ;  say  rather  tliat  it  was  <'.omplete  when  the 
people  lirst  set  foot  ujjon  the  soil.  In  i\e,  England  no  tradi- 
tion exists  of  a  distinction  of  ranks;  no  portion  of  the  com- 
munity is  tempted  to  oppress  the  remainder;  and  the  abuses 
which  may  injure  isolated  individuals  arc  forgotten  in  the 
general  contentment  which  prevails.  If  the  government  is 
defective,  (and  it  would  no  doubt  be  easy  to  point  out  its  de- 
7 


\, 


if .  1 


1 


^<'-. 


\    ,:i 


50 


liciencies,)  tlie  fact  that  it  really  emanates  from  those  it  crov- 
crns,  and  that  it  acts,  eitiier  ill  or  well,  casts  the  protecting 
spell  of  a  parental  pride  over  its  lauhs.  No  term  of  compari- 
son disturbs  the  satisfaction  of  the  citizen  :  England  Ibrmerly 
governed  the  mass  of  the  cr)lonies,  but  the  people  was  always 
sovereign  in  the  township,  where  its  rule  is  not  only  an  ancient, 
but  a  primitive  state. 

The  native  of  New  England  is  attached  to  his  township  be- 
cause it  is  independent  and  free  :  his  co-operation  in  its  affairs 
ensures  his  attachment  to  its  interest ;  the  well-being  it  aObrds 
him  secures  his  ad'ection  ;  and  its  welfare  is  the  aim  of  his  am- 
bition and  of  ills  future  exctions :  Ik*  takes  a  part  in  every  oc- 
currence in  the  place;  he  practises  the  art  of  government  in 
the  small  sphere  within  his  reach  ;  he  accustoms  himself  to 
those  forms  which  can  alone  ensure  the  steady  progress  of 
liberty  ;  he  imbibes  their  sj)irit ;  he  acquires  a  taste  for  order, 
comprehends  the  union  or  the  balanct;  of  powers,  and  collects 
clear  j^raciical  notions  on  the  nature  of  his  duties  aiul  the  ex- 
tent of  his  rights. 


THE    COUNTIES    OF    NEAV    ENGLAND. 

The  division  of  the  counties  in  America  has  con-,iderable  an- 
alog3Mvith  that  of  the  arrondissements  of  France.  The  limits 
of  tin  cou.itios  are  arbitrarily  laid  down,  and  the  various  dis- 
tricts which  they  contain  have  no  necessary  connexion,  no 
common  traditional  or  natural  sympathy  :  their  object  is  simply 
to  facilitate  the  administration  of  ])ublic  affairs. 

The  extent  of  the  township  was  too  small  to  contain  a  sys- 
tem of  judicial  instUutlons ;  (vicli  county  iias  however  a  court 
of  Justice,*  a  s'lerilf  to  execute  its  decrees,  and  a  prison  for 
rriminals.  Tlin'>  are  certain  wants  which  are  felt  alike  by  all 
the  lounships  of  a  county  ;  it  is  therefore  natural  that  they 
should  be  satisfied  !)y  a  central  authority.  Jn  the  State  of 
Massachusetts  this  authority  is  vested  in  the  hands  of  several 
magistrates,  who  are  a])j)ointed  by  the  Governor  of  the  State, 

*  See  the  Act  of  the  14th  of  Februaiy,  18'21.    Luvvs  of  Massachusetts,  vol,  i 
p.  551. 


with  th( 

have  on 

cablo   t( 

townshi 

business 

oliicers, 

bly  whic 

therefon 

A  t\v( 

stitution- 

tive,  and 

IScw  Kn, 

peudencc 

introduc( 

All  the  ti 

the   Stall 

action  of 

said  to  c} 


AiiiniiiisfiMi 

lihcru-  i< 

AuiI'lK  ,111 

th(!  tow  ii~ 
li;iti\«'  liii' 
■■^oii  of  ihi- 
W  lid  i>  (i| 
fi'  ilic  l.iu. 

SiMjIICIlCC 

.liisticc  .1 
rcr; — ciiM 

lion. — Rl;; 

tralivo  fun 

^'oT^I^'{; 
(juited   St 
ment,  or  t 
and  one  s( 
thing  is  in 

*  .See  the 

f  Tho  coin 
r  ^iic  the 


51 


with  the  advice*  of  his  council. t  The  oflicers  of  the  county 
have  only  a  limited  and  occasional  authority,  which  is  appli- 
cahJe  to  certain  predetermined  cases.  The  Htate  and  the 
to\vnshi])s  possess  all  tlie  power  requisite  to  conduct  public 
business.  The  budj^et  of  the  county  is  only  drawn  up  by  its 
oilicers,  and  is  voted  by  the  le;rislature4  There  is  no  assem- 
bly which  directly  or  indirectly  represents  the  county  :  it  has 
therefore,  properly  speaking',  no  political  existence. 

A  twofold  tendency  may  be  discerned  in  the  American  con- 
stitutions, which  impels  the  legislator  to  centrali^ce  the  legisla- 
tive, and  to  disj)erse  the  executive  power.  The  township  of 
New  JMigland  has  in  itself  an  indestructible  element  of  inde- 
pendence ;  but  this  distinct  existence  could  only  be  fictitiously 
introduced  into  the  county,  where  its  utility  had  not  been  felt. 
All  the  towi'-hips  uniteil  have  but  one  representation,  which  is 
the  State,  ihu  centre  of  the  national  authority  :  beyond  the 
action  of  the  townshi[)  and  that  of  the  nation,  nothing  can  be 
said  to  exist  but  the  inlluence  of  individual  exertion. 


I 


ADMINISTRATION    IN  NE"*I<    ENGLAND. 

Aihiiiiiisti'.iiioii  not  iii'irt;i\{'(l  in  Ainorica. — Wliy  ' — The  I'lnropeans  believo  tliaf. 
lihcitv  i-:  pronioti'd  liy  dojiriv  ini:  tlio  social  aiitliorWy  t)f  some  of  its  riglits;  the 
j\\iii'rii  ;iii  ,  l>y  (li\  i'lin^r  its  cxcreiso. — Ahmistall  tho  aihiiinistration  continfHl  to 
lh(!  low  n-liii),  and  divided  anioii^'st  th<;  town-olliccrs — No  Irare  of  an  achtiinis- 
liali\i!  liit'iarcliy  to  he  pcn'i'iv  cd  cilli.T  in  tlu'  lownship,  or  above  it. — The  rea- 
son of  this. —  How  it  liapiicns  that  l!  e  adniinislratioii  of  Uu'  8tatc  is  nnifbrni. — 
Who  is  einpowerecl  to  eiilorro  tiie  olinlipnce  f>l*  the  township  and  the  connty 
1(1  the  law. — 'I'he  inliodiictioii  of  Judicial  })o\ver  into  the  ailniinisiialioti. — Con- 
se(pience  ol'  the  evteniiion  ol'  the  ehu'tive  principle  to  all  fiin''ti()naries. — The 
Justice  "i'  the  Peace  in  New  j'aijjl.nid. — lly  whom  appointed  — Conntv  otH- 
cer:  — ensures  tlu'  adiiiiui-iralion  ol'liie  townships. — Court  of  Sessions. — Its  ac- 
tion.— Ui^jiit  ol"  ii  |ieciiiui  and  indictnn  iii  di>~cmii.ated  like  the  other  aiiaiiuis- 
trative  ruiiclions. — Inronuers  encouraged  by  iho  division  of  lines. 

NoTHTNa  is  more  striking  to  an  Eiirojiean  traveller  in  the 
United  States  than  the  absence  of  what  we  term  the  (Jovern- 
nient,  or  the  Administratic  j.  Written  laws  exist  in  America, 
aiul  owe  sees  that  they  arv  laily  executed  ;  but  although  every 
thing  is  in  motion,   the  h  iid  which  gives   the  impidse   to   the 

*  Seethe  Act  of  the  20th  Febniary,  1811).     Laws  of  Massachusetts,  vol.  ii. 
p.  lit;. 
t  The  cotuicil  of  the  CJovernor  's  an  elective  body. 
j  Sec  the  Act  of  'id  November,  171)1.     Liws  of  ilassachtiseU?',  vol.  i.  p.  61. 


{   • 

I," ,  1 


social  machine  can  nowhere  be  discoveretl.  Nevertheless,  as 
all  peoples  arc  obliged  to  have  recourse  to  certain  grammatical 
forms,  which  arc  the  foundation  of  human  language,  in  order 
to  express  their  thoughts ;  so  all  communities  are  obliged  to 
secure  their  existence  by  submitting  to  a  certain  portion  of  au- 
thority', without  which  tiiey  fall  a  prey  to  anarchy.  This  au- 
thority may  be  distributed  in  several  ways,  but  it  must  always 
exist  somewhere. 

There  are  two  methods  of  diminishing  the  force  of  authority 
in  a  iiation  : 

The  first  is  to  weaken  the  supreme  power  in  its  very  princi- 
ple, by  forbidding  or  preventing  society  from  acting  in  its  own 
defence  under  certain  circumstances,  'i'o  weaken  authority  in 
this  manner  is  what  is  generally  termed  in  Europe  to  lay  the 
foundations  of  freedom. 

The  second  manner  of  diminishing  the  inlluence  of  authority 
does  not  consist  in  stripjiing  society  of  any  of  its  rights,  nor  in 
paralysing  its  efibrts,  but  in  distributing  the  exercise  of  its 
privileges  in  various  hands,  and  in  multiplying  functionaries, 
to  each  of  whom  the  dcgi'ce  of  power  necessary  for  him  to  j)er- 
form  his  <luty  is  entrusted.  There  may  be  nations  whom  this 
distribution  of  social  jjowers  might  lead  to  anarchy ;  but  in  it- 
self it  is  not  anarchical.  The  action  of  authority  is  indeed 
thus  rendered  less  irresistible,  and  less  perilous,  but  it  is  not 
totally  suppressed. 

The  revolution  of  the  United  States  was  the  result  of  a  ma- 
ture and  deliberate  taste  for  freedom,  not  of  a  vague  or  ill-de- 
fmed  craving  for  indejiendence.  It  contractetl  no  alliance  with 
the  turbulent  passions  of  anarchy  ;  but  its  course  was  marked, 
on  the  contrary,  by  an  attachment  to  whatever  was  lawful  and 
orderly. 

It  was  never  assumed  in  the  United  States  that  the  citizen  of 
a  free  country  has  a  right  to  do  whatever  he  j)leases  ;  on  the 
contraiy,  social  obligations  were  there  imposed  upon  him  more 
various  than  anywhere  else ;  no  idea  was  ever  entertained  of 
attacking  the  j)rin(;iples,  or  of  contesting  the  rights  of  society  ; 
but  the  exercise  oi'  its  authority  was  divided,  to  the  end  that  the 
ollice  might  be  powerful  and  the  otiicer  insignificant,  and  that 
the  comnnuiity  should  be  at  once  regulated  and  free.  Jn  no 
countrv  in  the  world  does  the  law  hold  so  absolute  a  language 
as  in  America  ;  and  in  no  country  is  the  right  of  applying  it 
vested  in  so  many  hands.  The  admini-^trative  ))ower  in  the 
United  States  presents  nothing  either  central  or  hierarchical  in 


its  cor 

The  p( 

We 

Englar 

magisti 

of  the  J 

laws,  tl] 

but  moj 

with  the 

ciaj  life, 

and  pro 

commui] 

Lastly,  1 

and  with 

gencies 

It  resi 

chusetts 

to  the  to 

her  of  in 

but  one  ( 

England 

teen  fimc 

The  law 

mayistrat 

perlbrm   ( 

Above   til 

dignities  i 

otiicers    ii 


*  Son  'T 
Cor.r.K(  rous, 
f^aiKj :  III,.  .St 

town-oliict'i-s 

till'    LllWD  of 

'I'lic  sclocii 
■111(1  triiiisiiiit 
-•ill  FrU,  17! 
t  Tl.iis.  fn, 
"lit  ilic  jirojK 
'Ik'  iifiirliliorl 
f    Tlu.  Sd0( 
fTi'His  (lisoaso, 
I7i>7:  vol.  i. 
*S  I  s;iy  fi/„ 
wliicli  arc  r<^ 
the  justices  c. 
are  graiiU'cl  li 


53 


its  constitution,  which  accounts  for  its  passing  unperceived. 
The  power  exists,  but  its  representative  is  not  to  be  perceived. 

We  iiave  already  seen  that  the  independent  townships  of  New 
England  protect  their  own  private  interests  ;  and  the  municipal 
magistrates  are  the  j)ersons  to  whom  the  execution  of  die  laws 
of  the  State  is  most  frequently  entrusted.*  Besides  the  general 
laws,  the  States  sometimes  passes  general  ])olice  regulations ; 
but  more  commonly  the  townships  and  town  oiilcers,  conjointly 
with  the  justices  of  the  peace,  regulate  the  minor  details  of  so- 
cial life,  according  to  the  necessities  of  the  diderent  localities, 
and  promulgate  such  enactments  as  concern  the  health  of  the 
community,  and  the  peace  as  well  as  morality  of  the  citizens.! 
Lastly,  these  municipal  magistrates  provide  of  their  own  accord 
and  without  any  delegated  powers,  for  those  unforeseen  emer- 
gencies which  frequently  occur  in  societ}-! 

It  results  from  what  we  have  said,  thaf  in  the  State  of  Massa- 
chusetts tiie  atlministrative  authority  is  almost  entirely  restricted 
to  the  township^,  but  that  it  is  distributed  among  a  great  num- 
l)er  of  individuals.  In  the  French  commune  there  is  properly 
but  one  ollicial  functionary,  namely,  the  IMairc  ;  and  in  New 
England  we  have  seen  that  there  are  nineteen.  These  nine- 
teen functionaries  do  not  in  general  depend  upon  one  another. 
The  law  carefully  prescribes  a  circle  of  action  to  each  of  these 
miiiz:Istrates;  and  within  that  circle  they  have  iui  entire  right  to 
j)erform  their  functions  iiic!ependentl\  of  any  other  authority. 
Above  the  township  scarcely  :hi  trac;'  of  a  scries  ol'  ollicial 
dignities  is  to  be  foinid.  It  sometimes  happens  that  the  county 
olllcers    alter    a    decision    of    the    townships,    or 


town  magis- 


*  Son  *  "^riio  Towii-Olliccr,'  (>sjioci;illy  at  tlio  words  fiF.LF.rTMKV,  Asskssous, 
Coi.i.Kc  Tous,  S(  irooi.s,  Si  r\  kvor-*  or  IIk.hwavs.  Itakc  onoexaniiile  in  a  lliou- 
saiiil :  tlic  Stat(!  prolilhils  tiavclliiijr  on  the.  Siiiidav;  llio  tijllinKj-inni,  who  are 
town-oiriccrs,  are  especially  cliar^ed  to  Ueep  walcli  and  to  exeeiite  the  law.  See 
the  Laws  of  Massachusetts,  vol.  i.  p.  410. 

'I'he  seltM'tmeii  draw  up  the  lists  of  electors  for  the  election  of  the  governor, 
and  transmit  tiie  result  of  the  liallot  to  the  secretary  of  the  ritale.  See  Actofthe 
:jltli  Frh,  ITiHi:   Id.,  vol.  i.  p.  1SH. 

t  Thus,  for  instance,  the  selectmen  anthori/.e  the  eon.strnction  of  drains,  point 
out  the  |)"f)[ier  sites  for  sla.ighter-houses  and  other  trades  wjiiehare  a  nuisance  to 
the  neii^hliorhood.     See  thr-  Act  of  the  Ttii.hine,  17"^.");   Id.,  vol.  i.  p.  VX\. 

[  The  selectmen  lake  measures  for  the  security  of  the  ])nhlic  in  case  of  conta- 
gious diseas(!,  eoiijoiniiywidi  the  justices  of  the  ])eace.  Set;  Act  of  the 'i'id  Juno, 
17;>7:  vol.  i.  p.  Tilin. 

iS  I  sny  tiliiKisI  for  there  are  various  circumstances  in  tlieaiuials  of  a  township 
which  are  regulated  hy  the  Justice  of  the  pea(!e  in  his  individual  capacity,  or  hy 
the  justices  of  the  peaei',  assenihled  in  the  chief  town  of  the  county  ;  thus  licenses 
are  {^ranted  liy  the  ju.-liees.     See  tiie  Act  of  th«"J.~di  Teh.  17^7  :  vol.  i,  p.  *Ji)7. 


\' 


\, 


(C. 


jN 


t 


I 


1 

I 

I 


54 


.h  I 


trates^  but  in  "-eiieval  the  anlhoritics  of  the  county  have  no 
ri"-ht  to  intei  I'c'c  v/iiii  t'lc  authorities  of  the  townshipfj  except 
iifsuch  niattois  as  concern  the  county. 

The  nia"-istrates  of  the  township,  as  well  as  those  of  the 
county,  are  bound  to  communicate  their  acts  to  the  central  gov- 
ernment in  a  very  suiall  number  of  i)re(leterminctl  cases. |  Jiut 
the  central  government  is  not  represented  by  an  iiuhvidual 
whose  business  it  is  to  j)ublish  police  regulations  and  ordonnan- 
ces  enforcing  the  execution  of  the  laws  ;  to  keep  up  a  regular 
communication  with  the  ollJcers  ol'  the  township  antl  the  coun- 
ty ;  to  inspect  their  conduct,  to  direct  their  actions,  or  to  rcpii- 
mand  their  faults.  There  is  no  point  which  serves  as  a  centre 
to  the  radii  of  the  administration. 

What,  then,  is  the  unifoi'tn  plan  on  which  the  government  is 
condiietetl,  and  how  is  th"  compliance  of  the  counties  and  their 
magistrates,  or  the  townships  and  their  ollicers,  eni'oreed  ?  In 
the  States  of  New  England  the  legislative  authority  embraces 
more  subjects  than  it  does  in  France  ;  the  legislator  pcneti'ates 
to  the  Aery  core  of  the  athnlnistration  :  the  law  descends  to  the 
most  minute  details  ;  the  same  enuctnnnit  prescribes  the  prin- 
ciple and  the  method  of  its  ajiplication,  and  thus  imposes  a  mul- 
titude of  strict  and  rigorously  defined  obligations  on  the  secon- 
dary functionaiies  of  the  State.  The  consequence  of  tiiis  is, 
that  if  all  the  secondary  functionai-ies  of  the  administi'ation  con- 
form to  the  law,  society  in  all  its  brandies  proceeds  with  the 
greatest  unil'ormity  ;  the  didicMlty  remains  of  compelling  tlie 
secondary  functionaries  of  the  administration  to  conform  to  the 
law.  It  may  be  alhrmed,  that,  in  general,  soeiety  has  oidy  two 
methods  of'  eid'orcing  the  execution  of' the  laws  at  its  (ri>posal  ; 
a  discretionary  power  may  be  enlrusted  to  a  superior  function- 
ary of  directing  all  the  others,  and  of  cashiering  them  in  case  of 
disobedience  ;  or  the  courts  of  justice  may  be  autliori/.ed  to  in- 

Tliiislicciisos  nvc  only  njrimlod  to  siicli  ])orsoii.«  n.«  can  prodnrc  a  c^rtificttte  o- 
jrodl  rondiic'l  tVoiu  llu!  sclccliin'ii.  If  llic  selectmen  rel'ii--e  to  it\\  ,>  (lie  c,  iiiticaie 
tlie  ]iarl\'  in.iy  iipiieal  to  tlio  iiisliccs  as-mnliled  m  ilie  Cnnrt  oC  .*>e>sions;  atidtlie\ 
mav  arant  the  license.     i*ee  Act  of  I'iili  Maicli,  ]>U~  •  noI.  ii.  p.  Ir^ti. 

'j'lio  townships  liavo  the  i-'^ilit  t(t  make  hy-laws,  and  to  enloicr  dieni  hv  flm,'- 
w'.iicli  are  fixed  hy  law ;  i)ul  these  hy-laws  nnisl  he  appio\ed  hy  die  Coiirl  oC  ."Ses- 
sions.    t?en  Act  of  vJIld  Marcii,  IThI:  vol.  i,  p. ','.'»! 

t  In  Massachusetts  the  reiinly  niajfislrate>  aie  licipiendy  calleti  ,  mu  to  iiives- 
iiirale  tln>  acts  of  the  town  iniiiiivUahH  i  Jmi  n  will  he  >hn\\  ii  fiiiliiei-  on  that  this 
investigation  is  a  eon^eipu'iu'e.  not  of  lliell  adiniinsliuiive,  hiit  of  tiieir  judicial 
power. 

t  Tlie  huvn  eonintitti'o*  of  soliools  are  ohliged  to  mal."  an  aiinnai  report  to  the 
seeretiirv  of  the  Stale  on  the  condition  of  the  scliool.  .'ic  Act  of  JUih  March. 
1??'J*"  vol  ill.  p   I%3. 


m 


ilict  ji 
are  no 
The 
iering  i 
promo  J 
ed  ;nag 
elective 
fact,  th 
iear  fro 
by  ballc 
the  doui 
can  nev 
power  o 
iiig  a  pu 
The  , 
tionaiics 
to  make 
tratioii. 
are  apt  U 
one  cone 
the  jiKJgc 
both  thes 
cited   to 
election  o 
judicial  pc 
iii  the  on  I 
and  it  A-i li 
.K'ft  to  )ti,; 
'lol  or^)e 
''fe  mediui 
bodies:  thr 
without  vi 
judicial  po 
the  exact  r 
"stittjtions 
archy  or  in 
It  Inis  ul 
I'ot  render 
'i'he  Amcrii 
t'le  idea  of 
of  Ell  ropy  . 

'I'he  Jiisti 
the  niagistii, 
olliccr  and  t 


55 


flict  judicial  penalties  on  the  offender  :  but  these  two  methods 
are  not  always  available. 

The  right  of  directing  a  civil  officer  presupposes  that  of  cash- 
iering him  if  he  does  not  obey  orders,  and  of  rewarding  him  by 
promotion  if  he  fuliils  his  duties  with  propriety.  But  an  elect- 
ed magistrate  can  neither  be  cashiered  nor  promoted.  All 
elective  functions  are  inalienable  until  their  term  is  expired.  In 
fact,  the  elected  magistrate  has  nothing  either  to  expect  or  lo 
fear  from  his  constituents  ;  and  when  alF  public  oflices  are  fdled 
by  ballot,  there  can  be  no  scries  of  oflicial  dignities,  because 
the  double  right  of  commanding  and  of  enforcing  obedience 
can  never  be  vested  in  the  same  individual,  and  because  the 
power  of  issuing  an  order  can  never  be  joined  to  th^it  of  inllict- 
ing  a  punishment  or  bestowing  a  reward. 

The  communities  therefore  in  wiiich  the  secondary  func- 
tionaries o\'  the  government  arc  elected,  are  perforce  obliged 
to  make  great  use  of  judicial  penalties  as  a  means  of  adminis- 
tration. This  is  not  evident  at  lirst  sight ;  Jor  those  in  power 
are  apt  to  look  upon  the  ii>stitution  of  elective  functionaries  as 
one  concession,  and  the  subjection  of  the  elected  magistrate  to 
the  judges  of  the  land  as  another.  They  are  equally  aveise  to 
both  these  innovations  ;  and  as  tliey  are  more  pressingly  soli- 
cited to  grant  the  I'ormcr  than  the  latter,  they  accede  to  the 
election  of  the  magistrate,  anti  leave  iiim  indc]icndent  of  the 
judicial  power.  Nevertheless,  the  second  of  these  measures 
is  the  only  thing  that  can  j)ossibly  counterbalance  the  lirst ; 
and  it  A-ill  be  found  that  an  elective  authority  which  is  not  sub- 
joct  to  ju.licial  |)ower  will,  sooner  or  later,  either  elude  all  con- 
trol or  ill'  ilestroyed.  The  courts  of  justice  are  the  only  possi- 
ble medium  between  the  central  ])ower  and  the  administrative 
bodies:  they  alone  can  compel  the  elected  functionary  to  obey, 
without  viohuinj;  the  rights  of  the  elector.  The  extension  of 
judicial  power  in  the  jx^litieal  world  ought  therel'ore  to  be  in 
the;  exact  ratio  of  the  extension  of  elective  otiiecs  ;  if  these  two 
institutions  do  not  go  hand  in  hand,  the  State  must  lall  into  an- 
archy or  iulo  subjection. 

It  has  always  been  remarked  that  habits  of  legal  business  do 
not  render  men  ajit  to  the  exert-ise  of  administrative  authority. 
The  Americans  have  borrowed  from  the  English,  tlieir  lathers, 
the  idea  of  an  institution  which  is  unknown  upon  (he  continent 
of  Europe  ;  I  allude  to  that  of  Justices  of  the  Peace. 

The  Justice  of  the  Peace  is  a  sort  oi'  iiicz:o  lernniu  between 
the  maglstiale  and  the  man  of  the  world,  between  the  civil 
oiUcer  and  the  judge.    A  justice  of  the  pcucc  is  a  well-infoi  med 


'>   r 


I! 

*   \ 

i      > 


>6 


citizen,  though  he  is  not  necessarily  versed  in  the  knowledge  of 
the  laws.     His  oflice  simply  obliges  him  to  execute  the  police 
regulations  of  society  ;  a  task  in  which  good  sense  and  integ- 
ritv  arc  of  more  avail  than  legal  science.     The  justice  intro- 
duces into  the  administration  a  certain  taste  for  established 
forms  and  publicity,  which  renders  him  a  most  unserviceable 
instrument  of  despotism  ;   and,  on  the  other  hand,  he  is  not 
blinded  by  those  superstitions  which  render  legal  officers       (it 
members  of  a  government.     The  Americans  have  adopted  die 
system  of  English  justices  of  the  peace,  but  they  have  deprived 
it  of  that  aristocratic  character  which  is  discernible  in  the  mo- 
ther-country.    The   Governor  of  Massachusetts^'   appoints  a 
certain  number  of  justices  of  the  peace  in  every  county,  whose 
functions  last  seven  years. f     He  further  designates  three  indi- 
viduals from  amongst  the  whole  body  of  justices,  who  form  in 
each  county  what  is  called  the  Court  of  Sessions.     The  Jus- 
tices take  a  personal  share  in  ])ublic  business  ;   they  are  some- 
times entrusted   with  administrative  functions  in  conjunction 
with  elected  oiricersj  ;  they  sometimes  constitute  a  tribunal, 
before  which  the  magistrates  s'lr-imarily  prosecute  a  refractory 
citizen,  or  the  citizens  inforr-.  r>'-,,.lrist  the  abuses  of  the  magis- 
trate.    But  it  is  in  the  Court  of  Sessions  that  they  exercise 
their  most  important  functions.     This  court  meets  twice  a  year 
in  the  county  town  ;  in  Massachusetts  it  is  empowered  to  en- 
force the  obedience  of  the  greater  number§  of  public  officers.  || 
It  must  be  observed,  that  in  the   State  of  jMassachusetts  the 
Court  of  Sessions  is  at  the  same  time  an  administrative  body, 
properly  so  called,  and  a  ])olitical  tribunal.     It  has  been  as- 
serted that  the  county  is  a  purely  administrative  division.     The 

*  We  shall  hereafter  learn  what  a  Governor  is :  I  shall  content  myself  with  re- 
marking in  this  plaee  that  he  represents  tlie  executive  ])ower  of  the  whole  HUitv., 

t  See  the  ("onstiliition  of  Massaclnisetts,  eha[i.  II.  sect.  1.  vS  1» :  chap.  III.  vS  '.I 

t  Thus,  for  example,  a  straiifrer  arrives  iji  a  township  from  a  country  where  a 
oontaf;ious  disease  ))revails,aiul  he  falls  ill.  Two  justices  of  the  peace  can,  with 
the  assent  of  the  selectmen,  order  the  ^herill'  of  the  county,  to  reino\  e  and  take 
care  of  him.     Act  of'2'Jd  .hine,  17'.)7;  vol.  i.  p.  oU), 

In  f^eneral  the  justices  interfere  in  all  the  important  acts  of  the  administration, 
and  (live  them  a  seuu-iiidicial  character. 

v\  I  say  ///(•  iTj-citir  inmilit  r.  because  certain  administrative  misdemeanors  arc 
brought  hefort!  the  ordinary  tribunals.  If,  (or  instance,  ;i  iownship  refuses  to 
make  the  n(.'C(;ssary  expenditure;  for  its  schools,  or  to  name  a  school-connnittee, 
it  is  liahlc!  to  a  heavy  line.  fSut  thi.s  penalty  is  pronounci'd  liy  the  Sn|ireme  .lu- 
dicial  Coin-|  or  the  Court  of  Conunon  I'leas."  Sec;  Act  of  iOlh  March,  1S27,  Laws 
of  I\Iassa<'husetts.  vol.  iii.  p.  1I)it.  Or  when  a  township  np<,dects  to  provide  tlio 
nepe-i«ary  war-stores.     Act  of  "ilst  Fehruary.  IH'Jii,  Id.  vol.  ii.  p.  570. 

II  In  their  individual  capacity  the  Justices  of  the  Peace  take  a  part  in  the  business 
of  the  counlii's  and  i<)wii-hip<.  TIk;  more  imporlant  acts  of  the  nuinicipal  •gov- 
ernment are  rarely  decided  upon  wiiJiout  Uie  CQ-operutiou  of  one  oi'  tiieir  body. 


Court 

whichj 

of  the 

them  ii 

duties  ( 

tive;  a 

forms  c 

ibrmatii 

presides 

brought 

in  some 

The  / 

as  entire 

townshi] 

by  the  t 

tempts  t( 

its  assess 

penalty.  + 

*^\e  sheril 

lie  mand 

>ftheGo 

of  a  judi( 

forti/ied  b 

cd  the  for 

These 
The  dema 
accurate!} 
(^omplicati 
But  the  cli 
fownship, 
AH  the  re 
may  be  gu 

:*  Tiiese  al 
prisons  ,1,1(1  c( 
liy  lh(,"  ."^tale. 
tJnts.     5.  'J'ii 

t  Thus,  ^vli 
ofhy  the  aid 

f   >See  Act  o 

V^   There  i. 

>Sni)p().(,    (1,;,( 

iiave  not  h(  en 
■supplies.     As 
the  roads,  jinil 
extraordinary- 
Ihreatenini,^  the 
Wee  AclolT.th 


Court  of  Sessions  presides  over  that  small  number  of  affairs 
which,  as  they  concern  several  townships,  or  all  the  townships 
of  the  county  in  common,  cannot  be  entrusted  to  any  one  of 
them  in  particular.*  In  all  that  concerns  county  business,  the 
duties  of  the  Court  of  Sessions  are  therefore  purely  administra- 
tive ;  and  if  in  its  investigations  it  occasionally  borrows  the 
forms  of  judicial  procedure,  it  is  only  with  a  view  to  its  own  in- 
formation,! or  as  a  guarantee  to  the  community  over  which  it 
presides.  But  when  the  administration  of  the  township  is 
brought  before  it,  it  almost  always  acts  as  a  judicial  body,  and 
in  some  few  cases  as  an  administrative  assembly. 

The  first  difliculty  is  to  procure  the  obedience  of  an  authority 
as  entirely  independent  of  the  general  laws  of  the  State  as  the 
township  is.  We  have  stated  that  assessors  arc  annually  named 
by  the  town-meetings  to  levy  the  taxes.  If  a  township  at- 
tempts to  evade  the  payment  of  the  taxes  by  neglecting  to  name 
its  assessors,  the  Court  of  Sessions  condemns  it  to  a  heavy 
penalty,  j:  The  fine  is  levied  on  each  of  the  inhabitants  ;  and 
the  sherilf  of  the  county,  who  is  an  (jlTicer  of  justice,  executes 
he  mandate.  Thus  it  is  that  in  the  United  States  the  authority 
>f  the  Government  is  mysteriously  concealed  under  the  forms 
of  a  judicial  sentence  ;  and  its  influence  is  at  the  same  time 
fortified  by  that  irresistible  power  with  which  men  have  invest- 
ed the  formalities  of  law. 

These  proceedings  arc  easy  to  follow,  and  to  understand. 
The  demands  made  upon  a  township  arc  in  general  plain  and 
accurately  defined  ;  tliey  consist  in  a  simple  I'act  without  any 
complication,  or  in  a  i)rinciple  without  its  application  in  detail, § 
liut  the  difficulty  increases  when  it  is  not  the  obedience  of  the 
township,  but  that  of  the  town-oflicers,  which  is  to  be  enforced. 
All  the  reprehensible  actions  of  which  a  ])ul)lic  functionary 
may  be  guilty  are  reducible  to  the  following  heads  : 

*  Tlicsi!  iilVairs  may  l)o  broiiglil  iinili'r  tlio  fdllnwin^  heads :  1.  Tlic  erection  of 
prisons  and  courts  of  Justice.  2.  The  county  budget,  uhicii  is  afterwards  voted 
by  th(!  rotate.  W.  The  assessment  oftiie  taxes  so  voted.  4.  (i  rants  of  certain  pa- 
tents.    r>.  Tiie  laying  down  and  repairs  of  tiio  county  roads. 

t  Thus,  v.hen  a  road  is  under  consideration,  almost  all  diinculties  are  disposed 
of  by  the  .lid  of  tlic  Jury. 

\   See  Act  of*2l3tli  February,  ITSt!,  I,aws  ofMnssaehuselts,  vol,  i.  p.  '217. 

V^  There  is  an  indire(^t  method  of  enforcing  the  obedience  of  a  township. 
Suppose  that  the  funds  which  the  law  demamls  for  the  maintenan<'e  of  the  roads 
have  not  bi  en  voteil ;  the  town-surveyor  is  then  authorised,  rr  nffirio,  to  levy  the 
supplies.  As  he  is  personally  re.iponsible  to  ))i'ivate  individuals  for  the  state  of 
the  roads,  and  iudietable  before  the  CoiU'l  of  Sessions,  be  is  sure  to  employ  the 
extraordinary  rigiit  which  the  law  gives  him  again.^t  the  townsliip.  Thus  by 
threatening  the  otlicer,  the  Court  of  Sessions  exacts  compliance  from  the  town. 
See  Act  of  Tilh  March,  I7e7,  id.  vol.  i.  p.  IJOo, 

8 


I 


d-c 


!•>.«•• 


ff 

If 


;) 

1 

1 

'I- 


I'' 


se 


He  may  execute  the  law  without  energy  or  zeal 


He 


may  ne 


■•Icct  to  execute  the  law 


He  may  do  what  the  law  enjoins  him  not  to  do. 

The  last  two  violations  of  duty  can  alone  come  under  the 
co"'nizancc  of  a  tribunal ;  a  positive  and  appreciable  fact  is  the 
indispensable  foundation  of  an  action  at  law.  Thus,  if  the 
selectmen  omit  to  fulfil  the  legal  formalities  usual  at  town  elec- 
tions, they  may  be  condemned  to  pay  a  line  ;'■''  hut  when  the 
public  oOicer  performs  his  duty  without  ability,  and  when  he 
obeys  the  letter  of  the  law  without  zeal  or  energy,  he  is  at 
least  beyond  the  reach  of  judicial  interference.  The  Court  of 
Sessions,  even  when  it  is  invested  with  its  administrative  powers, 
is  in  this  case  unable  to  compel  hiin  to  a  more  satisfactory  obe- 
dience. The  fear  of  removal  is  the  only  check  to  these  quasi- 
otfences  ;  and  as  the  Court  of  Sessions  docs  not  oi-iginate  the 
town-authorities,  it  cannot  remove  functionaries  whom  it  dees 
not  appoint.  Moreover,  a  perpetual  investigation  would  he 
necessary  to  convict  the  subordinate  olliecr  of  negligence  or 
lulcewarmness  ;  and  the  Court  of  Sessions  sits  but  twice  a  year, 
and  then  only  judges  such  oll'ences  as  are  brought  before  its 
notice.  The  oidy  security  of  that  active  and  enlightened  obe- 
dience, which  a  court  of  justice  cannot  impose  upon  public 
officers,  lies  in  the  possibility  of  their  arbitrary  removal.  In 
France  this  security  is  sought  for  in  powers  exercised  by  the 
heads  of  the  administration  ;  in  America  it  is  sought  for  in  the 
principle  of  election. 

Thus,  to  recapitulate  in  a  few  words  what  I  have  heen  show- 
ing : 

If  a  public  officer  in  New  England  conunits  a  crime  in  the 

exercise  of  his  functions,  the  ordinary  courts  of  justice  arc 
always  called  upon  to  pass  sentence  upon  him. 

If  he  commits  a  fault  in  his  oilieial  capacity,  a  purely  admin- 
istrative tribunal  is  empowei'cd  to  jiuuish  him  ;  and,  if  the  aifair 
is  important  or  urgent,  the  judge  supplies  the  omission  of  the 
functionary.! 

Lastly,  if  the  same  individual  is  guilty  of  one  of  those  intan- 
gible oll'ences,  of  which  human  justice  has  no  cognizance,  he 
annually  appears  before  a  tribunal  i'rom  which  there  is  no  ap- 
peal, which  carr  at  once  reduce  him  to  insignificance,  and  de- 

*  Laws  oI'lMnssaclinsells,  vol.  ii.  p.  -I."), 

t  If,  lor  iii>lniiCL',  .'I  lownsliij)  persists  in  rcCiisiiij^  to  iminc  its  asscsssors,  the 
Court  of  iSessioiis  iioiiiiuMtes  tiiein ;  and  tiic  iiiaffistrafos  thus  appointed  are  in- 
vested witii  the  y.uim  aiitliority  as  elected  ofliecrs.  See  the  Act  (oiotcd  above, 
20th  February,  1787. 


privc  hi 

great  at 

dilljcult 

I   hii\ 

whicli  is 

tion  ovei 

duct  of 

this  is  th 

Ihigland 

in  the  C 

it  could 

accusing 

town  of 

in  the   U 

with  wlu 

Coint  oi 

would  lui 

po\vers,  1 

the  childi 

gislation 

the  office 

other  fun 

by  the  la' 

misdemet 

ty.f     Th 

scouted   I 

ishing  del 

vince  it  it 

ship   is  cl 

offences  a 

made  by  . 

zen§,  and 

studying  t 

are  more  i 

esty  ;   and 

cution  of  t 

jured  by  a 

*  I  sav  the 
who  exercise 

t  Tile  (ira 
-late  of  the  n 

t  If,  for  ins 

of  Alassarhns 

vVrims,  if 

<!ie  l)adi;ess  o 

■iessions.     La 


50 


prive  him  of  his  charge.  This  system  undoubtcflly  possesses 
great  advantag-es,  Ijut  its  execution  is  attended  with  a  practical 
dilliculty  which  it  is  ini])oitant  to  point  out. 

I  iiuvc  ahcady  ohscived  that  the  administrative  tribunaJ, 
whicli  is  called  the  Court  of  Sessions,  lias  no  right  of  inspec- 
tion over  the  town-oflieers.  It  can  only  interfere  when  the  con- 
duct of  a  magistrate  is  specially  brought  under  its  notice  ;  and 
this  is  ihe  delicate  part  of  the  system.  The  Americans  of  New 
Ihigland  are  unaccpuiinted  with  the  office  of  ])ublic  prosecutor 
in  the  Court  of  fsessions,*  and  it  may  readily  be  perceived  that 
it  could  not  liave  been  established  without  difficulty.  If  an 
accusing  nuigistrate  had  merely  been  apj)ointcd  in  the  chief 
town  of  each  county,  and  if  he  had  been  unassisted  by  agents 
in  the  townships,  he  would  not  have  been  better  acquainted 
with  what  was  going  on  in  the  county  than  the  members  of  the 
Court  of  Sessions.  l>ut  to  appoint  agents  in  each  township 
would  have  been  to  centre  in  his  person  the  most  formidable  of 
powers,  that  of  a  judicial  administration.  Moreover,  laws  are 
the  children  of  habit,  and  nothing  of  tlie  kind  exists  in  the  le- 
gislation of  lin!j:land.  The  Americans  have  therefore  divided 
the  offices  of  inspection  and  of  jirosecution  as  well  as  all  the 
other  I'unctionsof  the  adminisli'alion.  Crand-jurors  are  bound 
by  the  law  to  ajiprizc  the  court  to  which  they  belong  of  all  the 
misdemeanors  which  may  have  been  committed  in  their  coun- 
ty.} There  are  certain  great  oilcnees  which  are  officially  pro- 
secuted by  the  State  ;\.  but  moie  fre((uently  the  task  of  pun- 
ishing delinciuents  devolves  upon  the  liscal  officer,  whose  pro- 
vince it  is  to  receive  the  fine  ;  thus  the  treasurer  of  the  town- 
ship is  chai'ged  with  the  |)rosecufion  of  such  administrative 
oHenecs  as  fall  under  his  notice.  lUit  a  more  especial  a])i}cal  is 
made  by  American  legislation  to  the  private  interest  of  the  citi- 
zen§,  and  this  great  prineijile  is  constantly  to  be  met  with  in 
studving  the  laws  of  llie  United  States.  American  legislators 
are  more  apt  to  give  men  credit  lor  intelligence  than  for  hon- 
esty ;  and  they  rely  int  a  little  on  personal  cupidity  for  the  exe- 
cution of  the  laws.  When  an  individu;.  is  really  and  sensibly  in- 
jured by  an  administrative  abuse,  it  is  natural  that  his  personal 

*  1  siiv  the  Court  of  Sessions,  lierauso  in  common  courts  tliere  is  a  magistrate 
who  cxorcise^^  some  of  the  I'linetious  (fa  jdiblic  |)rosecutor. 

t  Tlie  (uand-jurors  are,  for  instance,  Ijoiiuil  to  inform  the  court  of  the  bad 
-tate  of  the  roads.     Laws  of  Massaeluisetts,  vol.  i.  )).  308. 

t  If  for  instance,  tlie  treasurer  of  the  county  liolds  back  his  accounts.     Laws 
of  JMassachnselts,  vol.  i.  ji.   lOti. 

^Vl'hns,  if  a  private  individual  breaks  down  or  is  wounded  in  consequence  of 
t!ie  badi:ess  of  a  road,  he  can  sue  the  township  or  the  county  for  damages  at  the 
•icssions.     Laws  of  ■^lasj^achuselts,  \o\.  i   p.  d09. 


'I;, 


kZP 

•>1   ,11 

I«        ) 

i      I 

%0\- 


i/j 


,   >1 


eo 

intercoi  should  induce  lilm  to  prosecute.  But  if  a  legal  Ibr- 
niality  bu  rcMjuircd,  wliicli,  however  advantaijeous  to  the  com- 
munity, is  of  small  importance  to  individuals,  plaiutilfs  may  be 
less  easily  found  ;  and  thus,  by  a  tacit  agreement,  the  laws 
ini"ht  I'all  into  disuse.  Reduced  by  their  systen\  to  this  extrem- 
ity, the  Americans  avi  obliged  to  encourage  informers  by 
bestowing  on  them  a  poi'tion  of  the  penalty  in  certain  cases  ;* 
and  to  ensure  the  execution  of  the  laws  by  the  dangerous  ex- 
pedient of  degrading  the  nK^als  of  the  people. 

The  only  administrative  authority  above  the  county  magis- 
trates is,  pro])erly  speaking,  that  of  the  Government. 


GLNEKAL    RE:\IAUKS    ON    THE    ADMINISTRATION    OF    THE 
UNITED    STATES. 

DitFercnccof  flin  Statrs  of  flic  Union  in  tlmir  system  of  mlministration. — Activity 
and  i)i'i(i;ction  oftliu  local  anlliinitic's  (l('cri'a>-t;s  towanis  the  t^oiitli. — I'ov  'rot' 
till'  ina^nstralc  incrca-cs;  liiat  ol'llic  elector  diininislies. —  Athiiinistration  j,is.ses 
IVoinliic  t(i\vn-;lii[)  to  flie  connty. — Slates  orN't-wV'ork  :  i  )hio:  Peini-<ylvania. — 
I'rincijiles  ofadininisti'ation  applieaMe  to  the  whole  (jiion. —  I'.lection  ol'ptihlic 
olliccrs,  and  iiialienaliiiiiy  of  dieir  runctions. — Ahsenee  of  gradation  ul"  ranks. — 
Introduction  of  judicial  resources  into  the  administration. 

I  HAVE  already  premised  that  after  having  examined  the  consti- 
tution of  the  township  and  the  county  of  New  England  in  de- 
tail, I  should  take  a  general  view  of  the  remainder  of  the  Tnion. 
Townships  and  a  local  activity  exist  in  every  State  ;  l)Ut  in  no 
part  of  the  confederation  is  a  towi  hip  to  be  met  with  precisely 
similar  to  those  in  New  England.  The  more  we  descend 
toward.-^  tiie  South,  the  less  active  does  the  business  of  the  h  "wn- 
ship  or  parish  bivcome  ;  the  nund)er  of  magistrates,  of  i'unc- 
tions,  and  of  rights  (U.'creases  ;  the  population  exercises  a  less 

■*  In  cases  of  invasion  or  insurrection,  if  the  town  oliicers  neglect  to  furnish 
the  necessary  stores  anil  ainniiinition  for  the  militia,  the  tounshiji  may  he  con- 
demned to  a  tine  of  from  iiUO  to  ;')()()  dollars.  It  may  readily  h(!  imasined  that  in 
snch  a  case  it  might  ha|))ien  that  no  one  cared  to  proseciile:  hence  the  law  adds 
that  all  the  citizens  may  indict  ofieiines  of  this  kind,  and  that  half  the  line  shall  be- 
long to  the  ])laiiitill'.  See  Act  of  tl'li  March,  IHIU,  vol,  ii.  p, 'j:!().  The  sanit; 
clause  is  froipiently  to  be  met  with  in  the  l^aws  oi'  .Alassachiisetts.  Not  onlv  are 
private  individuals  thus  incited  to  prosecute  the  public  oliiciu's.  but  the  jjiiblic  of- 
ficers are  encouraged  in  the  same  maimer  to  briiii;  t!ie  disobedience  of  private  in 
di'idiials  to  justice.  If  a  citiz(Mi  refusrs  to  perform  the  work  which  has  beer, 
assigned  to  him  upon  a  roa<l,  the  road-siir\eyor  .nay  prosecute  him,  and  he  re- 
ceives half  the  penalty  for  hiiiiiself.     f^ee  tise  Laws  abo\e  quoted,  v(d.  i.  p.  "JOS'. 


h 


imme 

<jiientj 

of  the 

dimini 

less  aw 

Tht 

the  Sti; 

but  tlu 

The  m 

States 

their  m 

towns 

Massac 

AVc 

public  a 

mon  cei 

this  ceas 

knowled 

conse(ju( 

ministrat 

that  the  i 

county,  ^ 

intermedi 

hi  Massa 

the  Courl 

by  the  Gc 

prescntati 

ti' iial  Jegi 

cotitrary, 

a/i'-  ofea( 

wii     "onst 

sembi    ha; 

*  For  dcl;i 

•M-  Vol.  i,  pp. 

f^  >'  in  the  . 

Ton     roNSTAl 

in  the  Xets'of 
\>^'M,  n  ,  iting 
divers  tou  n  U 

Fenc(!-viewer.> 
pervisors  of  U 

t  See  the  U 
'1  0.  I,L,  cha, 
to  connty  conn 
Laws  of  Penn- 

ln  the  State 
sliare  in  the  ad 


Gl 


immediate  inlluencc  on  allairs  ;  tonu-mcctings  arc  less  fre- 
{]ucut,  and  the  subjects  of  debate  less  numerous.  The  |)0\ver 
of  the  elected  magistrate  is  aui^mented,  and  that  of  the  elector 
diminished,  whilst  the  public  spirit  of  the  local  communities  is 
less  awakened  and  less  inlluential.* 

These  dillercnccs  may  be  perceived  to  a  certain  extent  in 
the  fc^tate  of  New  York  ;  they  are  very  sensible  in  Pennsylvania  ; 
but  they  become  less  stiikini^  as  we  advance  to  the  North-west. 
The  majority  of  the  emigrants  who  settle  in  the  north-western 
States  are  natives  of  New  JOngland,  and  they  carry  the  habits  of 
their  mother-country  with  them  into  that  which  tliey  ailo|)t.  A 
township  in  Ohio  is  by  no  means  dissimilar  from  a  township  in 
Massachusetts. 

We  have  seen  that  in  Massachusetts  the  principal  part  of  the 
public  administration  lies  in  the  township.  It  Ibrms  the  com- 
mon centre  of  the  interests  and  alfections  of  tlic  ciii/ens.  But 
this  ceases  to  be  the  case  as  we  descend  to  States  in  which 
knowledi^e  is  less  generally  dill'used,  and  where  the  township 
conse(juently  oflers  fewer  guarantees  of  a  wise  and  active  ad- 
ministration. As  we  leave  New  England,  therefore,  wc  find 
that  the  importance  of  the  town  is  gradual'v  transferred  to  the 
county,  which  l>ccomcs  the  centre  of  administration,  and  the 
intermediate  power  between  the  Covernnient  and  the  citizen. 
In  Massachusetts  the  business  of  the  county  is  conducted  by 
the  Court  of  Sessions,  which  is  comj)osed  of  a  fiuorum  named 
by  the  Governor  and  his  council  ;  but  the  county  has  no  re- 
j)resentative  assembly,  and  its  expenditure  is  voted  by  the  na- 
tii  nal  legislature.  In  the  great  State  of  New  York,  on  the 
C(Mitrary,  and  in  thosc  of  Ohio  and  Pennsylvania,  the  inhabit- 
aii'  -  of  each  county  choose  a  certain  number  of  representatives, 
wii  'onstitutr  the  assend)ly  of  the  county.f  The  county  as- 
sembly has  the  right  of  taxiiu^  the  inhabitants  to  a  ccuin  cx- 

*  For  details  sot;  tlic  lliivised  Statutns  ofilio  Stato  of  New  York,  Part  I.  chap, 
xi.  Vol.  i.  p]).  IS;!!)  — 1{()1.  <  nlitlod,  'Ot'tlic  powers,  diilies,  and    pri\  ilogos  of  towns. 

.''  >•  ill  the  Digest  of  the  Laws  "f  IN'iiiisylvania,  the  words  Asskssors,  Coi.lkc- 
Toi;  roNSTAiiLKs,  Ovi.KSKEii  id  iiiF,  Poou.  Si; I'KKVisoHs  OF  IIuaiWAYs:  aiul 
in  the  Acts'ofa  sieneral  natui-e  ol  'lie  State  of  Ohio,  the  Act  of  the  'J.'idi  February, 
1H34,  n  I  iting  to  ;owiislii[)s,  j).  W2;  hesid*  s  the  peculiar  dispositions  relating  to 
divers  tow  u  Otlicers,  such  a^  Townsliip's  Clerk,  Trustees,  Overseers  of  the  Poor, 
Fenct!-vi('wers,  Appraisers  of  Property,  Towiishi[)'s  Treasurer,  Constables,  .Su- 
pervisors of  Highways. 

t  See  the  li'evised  Statutes  of  the  State  of  New  York,  Part  I.  chap.  xi.  vol.  i.  p. 
4  0.  III.,  chap,  xii.  p.  i;nt):  also  in  the  Acts  of  the  State  of  Ohio,  an  act  relating 
to  county  coiniiussioners,  ^'nli  I'eliniary  l^vJl,  p.  2tj;>.  See  ti:  Digest  of  the 
Laws  of  Peniisyhuiia,  at  the  words  CousTY-UArEs  and  Li'.vik-',       170. 

In  the  Stato  of  New  York,  each  township  elects  a  rcprcsentai  <•,  who  has  a 
share  in  the  administration  of  the  county  as  well  as  in  that  of  the  to\%  oship. 


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tent ;  and  in  this  respect  it  enjoys  the  privileges  of  a  real 
iewislative  body  :  at  the  same  time  it  exercises  an  executive 
power  in  the  county,  frequently  directs  the  administration  of 
the  townships,  and  restricts  their  authority  within  much  nar- 
rower bounds  than  in  Massachusetts. 

Such  are  the  principal  dilferences  which  the  systems  of 
county  and  town  administration  present  in  the  Federal  States. 
Were  it  my  intention  to  examine  the  provisions  of  American 
law  minutely,  I  should  have  to  point  out  still  further  diflerences 
in  the  executive  details  of  the  several  communities.  But  what 
I  have  already  said  may  sullicc  to  show  the  general  principles 
on  which  the  administration  of  the  United  States  rests.  These 
principles  are  differently  applied  ;  their  consequences  are  more 
or  less  numerous  in  various  localities ;  but  they  are  always 
substantially  the  same.  The  laws  diiVer,  and  their  outward 
features  change,  but  their  character  does  not  vary.  If  the 
township  and  the  county  are  not  everywhere  constituted  in 
the  same  manner,  it  is  at  least  true  that  in  the  United  States 
the  county  and  the  township  are  always  based  upon  the  same 
principle,  namely,  that  every  one  is  the  best  judge  of  what 
concerns  himself  alone,  and  the  person  most  able  to  supply 
his  private  wants.  The  township  and  the  county  are  therefore 
bound  to  tf.ke  care  of  their  special  interests  :  the  State  governs, 
but  it  does  not  intefere  with  their  administration.  Exceptions 
to  this  rule  may  be  met  with,  but  not  a  contrary  principle. 

The  first  consequence  of  this  doctrine  has  been  to  cause  all 
the  magistrates  to  be  chosen  either  by,  or  at  least  from  amongst, 
the  citiv^ens.  As  the  oflicers  are  everywhere  elected,  or  appoint- 
ed for  a  certain  period,  it  has  been  impossible  to  establish  the 
rules  of  a  dependent  series  of  authorities  ;  there  are  almost  as 
many  independent  functionaries  as  there  are  functions,  and 
the  executive  power  is  disseminated  in  a  multitude  of  hands. 
Hence  arose  the  indispensable  necessity  of  introducing  the 
control  of  the  courts  of  justice  over  the  administration,  and 
the  system  of  pecuniary  penalties,  by  which  the  secondary 
bodies  and  their  representatives  are  constrained  to  obey  the 
laws.  This  system  obtains  from  one  end  of  the  Union  to  the 
other.  The  power  of  punishing  the  misconduct  of  public  offi- 
cers, or  of  perforuiing  the  part  of  the  executive,  in  urgent 
cases,  has  not,  howe\er,  been  bestowed  on  the  same  judges  in 
all  the  States.  The  Anglo-Americans  derived  the  institutions 
of  Justices  of  the  Peace  from  a  common  source  ;  but  although 
it  exists  in  all  the  States,  it  is  not  always  turned  to  the  same 
use.     The  justices  of  the  peace  every  where  participate  in  the 


63 


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administration  of  the  townships  and  the  counties,*  either  as 
public  ofiicers  or  as  the  judges  of  public  misdemeanors,  but  in 
most  of  the  Stales  the  more  important  classes  of  public  olFences 
come  under  the  cog-nizance  of  the  ordinary  tribunals. 

The  election  of  public  officers,  or  the  inalienability  of  their 
functions,  the  absence  of  a  gradation  (^f  powers,  and  the  intro- 
duction of  a  judicial  control  over  the  secondary  branches  of 
the  administration,  are  the  universal  characteristics  of  the 
American  system  from  Maine  to  the  Floridas.  In  some  States 
(and  that  of  New  York  has  advanced  most  in  this  direction) 
traces  of  a  centralized  administration  begin  to  be  discernible. 
In  the  State  of  New  York  the  officers  of  the  central  govern- 
ment exercise,  in  certain  cases,  a  sort  of  inspection  or  control 
over  the  secondary  bodies.!  At  other  times  they  constitute  a 
court  of  appeal  for  the  decision  of  affairs.:}:  In  the  State  of 
New  York  judicial  penalties  are  less  used  than  in  other  parts 
as  a  means  of  administration  ;  and  the  right  of  prosecuting  the 
offences  of  public  officers  is  vested  in  fewer  hands. §    The  same 

*  In  some  of  the  Soutlioni  States  the  coiinty-rourts  are  charged  with  all  the 
details  of  the  aduiiiiii^tration.  See  the  Statutes  of  the  State  of  Tennessee,  arts. 
Ji;dic:ary,  Taxes,  »S:c. 

I  For  instance,  the  direction  of  i)nhlic  instruction  centres  in  the  hands  of  the  Gov- 
ernment. The  lej^isiaturo  names  the  nienibors  of  the  University,  ^vho  are  denomi- 
nated Regents ;  the  (iovernor  and  Lieiitenant-tiovernor  of  the  Stale  are  necessa- 
rily of  tiie  number.  Revised  Statutes,  vol.  i.  p.  45-">.  The  Regents  of  the  University 
ainnially  visit  the  colleges  and  academies,  and  make  their  report  to  the  legislature. 
Theirsuperintendenccis  not  inellicient,  for  several  reasons:  the  college./-,  in  order 
to  become  Corporations  stand  in  need  of  a  charter,  which  is  only  granted  on  the 
reconnnendation  of  the  Regents  :  every  year  funds  are  distributed  by  the  State 
for  tiie  encouragement  of  learning,  and  tiie  Regents  are  the  distributors  of  this 
money.     See  Chap.  xv.  'Public  Instruction,'  Revised  Statutes,  vol.  i.  j).  -155. 

The  school  connnissioners  iire  obliged  to  send  an  annual  report  to  the  Super- 
intendent of  the  Rei)ublic.     Id.,  \>.  A^f^. 

A  similar  report  is  ainnially  made  to  the  same  person  on  the  number  and  con- 
dition of  the  poor.     Id  ,  p.  (ilJl. 

t  If  any  one  conceives  himself  to  be  wronged  by  the  school  commissioners 
(who  are  town  otlicers,)  he  can  apjjcal  to  the  superintendent  of  the  jirimary 
(schools,  whose  decision  is  linal.     Revised  Statutes,  vol.  i.  ji.  487. 

Provisions  similar  to  those  above  cited  are  to  be  met  with  from  lime  to  time  in 
the  laws  of  the  State  of  New  York:  but  in  general  these  attempts  at  centraliza- 
lion  are  weak  and  uiH)roductive.  The  great  authorities  of  the  State  have  the 
right  of  watching  and  controlling  the  subordinate  agents,  without  that  of  rewarding 
or  ])iinisliiiig  them.  The  same  individual  is  never  empowered  to  give  an  order 
anil  to  punish  disobedience;  he  has  therefore  the  right  of  commanding,  without 
the  means  of  exacting  compliance.  In  J>"*;3()  the  Superintendent  of  Schools  com- 
jilained  in  his  Annual  Report  addressed  to  the  legislature,  that  several  school 
commissioners  Had  neglected,  notwithstanding  his  application,  to  furnish  him  with 
the  accounts  which  were  due.  lie  added,  that  if  this  omission  cominued,  he 
should  be  obliged  to  prosecute  them,  as  the  law  directs,  before  the  proper  tri- 
bunals. 

vS  Thus  till!  district-attorney  is  directed  to  recover  a'l  fines  below  tho  sum  of 
fifty  dollars,  unless  such  a  right  has  been  ypociully  awarded  to  another  luagistrute. 
Revised  Stututes,  vol.  i.  p.  ifi'i. 


\  -\\ 


If 


I;'    » 


-     f  •  I 


64 


tendency  is  faintly  observable  in  some  other  States  ;*  but  in 
general  the  prominent  feature  of  the  administration  in  the  Uni- 
ted States  is  its  excessive  local  independence. 


OF    THE    STATE. 

1  have  described  the  townships  and  the  administration :  it 
now  remains  for  me  to  speak  of  the  State  and  Government. 
This  is  ground  I  may  pass  over  rapidly,  without  fear  of  being 
misunderstood  ;  for  all  1  have  to  say  is  to  be  found  in  written 
forms  of  the  various  constitutions,  which  are  easily  to  be  pro- 
cured.! These  constitutions  rest  upon  a  simple  and  rational 
theory  ;  their  forms  have  been  adopted  by  all  constitutional  na- 
tions, and  are  become  familiar  to  us. 

In  this  place  therefore,  it  is  only  necessary  for  me  to  give  a 
short  analysis  ;  I  shall  endeavor  afterwards  to  pass  judgment 
upon  what  I  now  describe. 


LEGISLATIVE    POWER    OP    THE    STATE. 

Division  of  the  Legislative  Body  into  two  Houses. — Senate. — House  of  Repre- 
sentatives.— Diilerent  functions  of  these  two  Bodies. 

The  legislative  power  of  the  State  is  vested  in  two  assemblies, 
the  first  of  which  generally  bears  the  name  of  the  Senate. 

The  Senate  is  commonly  a  legislative  body  ;  but  it  some- 
times becomes  an  executive  and  judicial  one.  It  takes  a  part 
in  the  government  in  several  ways,  according  to  the  constitution 
of  the  different  States^  ;  but  it  is  in  the  nomination  of  public  func- 
tionaries that  it  most  commonly  assumes  an  executive  power. 
It  partakes  of  judicial  power  in  the  trial  of  certain  political  of- 
fences, and  sometimes  also  in  the  decision  of  certain  civil  cases. § 

*  Several  traces  of  centralization  may  be  discovered  in  Massachusetts;  for  in- 
stance, the  committees  of  llie  town-schools  are  directed  to  make  an  annual  report 
to  tlie  Secretary  of  State.     See  Laws  of  Massachusetts,  vol.  i.  p.  367. 

]  See  the  Constitution  of  New  York. 

I  In  .Massachusetts  the  Senate  is  not  invested  with  any  administrative  functions. 

$  Aa  in  the  iitate  of  New  York. 


The 
of  tl 
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term  i 
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preserv 
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influent 
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wark  to 
passions 
the  pres 
the  iegig 
assembli 
revision 
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that  if  t 
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tempted 
lin  himse 
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65 


er. 
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in- 
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The  number  of  its  members  is  always  small.  The  other  branch 
of  the  legislature,  which  is  usually  called.the  House  of  Repre- 
sentatives, has  no  share  whatever  in  the  administration,  and 
only  takes  a  part  in  the  judicial  power  in  as  much  us  it  impeaches 
public  functionaries  before  the  Senate. 

The  members  of  the  two  Houses  are  nearly  everywhere  sub- 
ject to  the  same  conditions  of  election.  They  are  chosen  ia 
the  same  manner,  and  by  the  same  citizens. 

The  only  difference  which  exists  between  them  is,  that  the 
term  for  which  the  Senate  is  chosen  is  in  general  longer  than 
that  of  the  House  of  Representatives.  The  latter  seldom  re- 
main in  office  longer  thai  a  year  ;  the  former  usually  sit  two  or 
three  years. 

By  granting  to  the  senators  the  privilege  of  being  chosen  for 
several  years,  and  being  renewed  seriatim,  the  law  takes  care  to 
preserve  in  the  legislative  body  a  nucleus  of  men  already  accus- 
tomed to  public  business,  and  capable  of  exercising  a  salutary 
influence  upon  the  junior  members. 

The  Americans,  plainly,  did  not  desire,  by  this  separation  of 
the  legislative  body  into  two  branches,  to  make  one  house  he- 
reditary, and  the  other  elective  ;  one  aristocratic,  and  the  other 
democratic.  It  was  not  their  object  to  create  in  the  one  a  bul- 
wark to  power,  whilst  the  other  represented  the  interests  and 
passions  of  the  people.  The  only  advantages  which  result  from 
the  present  constitution  of  the  United  States  are,  the  division  of 
the  legislative  power,  and  the  consequent  check  upon  political 
assemblies  ;  with  the  creation  of  a  tribunal  of  appeal  for  the 
revision  of  the  laws. 

Time  and  experience,  however,  have  convinced  the  Vmericans 
that  if  these  are  its  only  advantages,  the  division  of  the  legis- 
lative power  is  still  a  principle  of  the  greatest  necessity.  Penn- 
sylvania was  the  only  one  of  the  United  States  which  at  first  at- 
tempted to  establish  a  single  house  of  Assembly  ;  and  Frank- 
lin himself  was  so  far  carried  away  by  the  necessary  consequen- 
ces of  the  piinciple  of  the  sovereignty  of  the  peo[)le,  as  to  have 
concurred  in  the  measure  :  but  the  Pennsylvanians  were  soon 
obliged  to  change  the  law,  and  to  create  two  Houses.  Thus 
the  principle  of  the  division  of  the  legislative  power  was  finally 
estabiiished,  and  its  necessity  may  henccfoiward  be  regarded  as 
a  demonstrated  truth. 

This  theory,  which  was  nearly  unknown  to  the  rc|)ubrics  of 
antiquity, — which  was  introduced  into  the  world  almost  by  ac- 
cident, like  so  many  other  great  truths, — and  misunderstood  by 
several  modern  nations,  is  at  length  become  an  axiom  in  the  po- 
litical science  of  the  present  age. 
9 


1  ■ 


.  1 


if*'* 


•  N  :) 


*'    "i 


66 


THE  EXECUTIVE  POWER  OF  THE  STATE. 

Office  of  Governor  in  an  American  State. — The  place  he  occupies  in  relation  to 
the  Legislature. — His  rights  and  his  duties. — His  dependence  on  the  people. 

The  executive  power  of  the  State  may  with  truth  be  said  to  be 
represented  by  the  Governor,  although  he  enjoys  but  a  portion 
of  its  rights.  The  supreme  magistrate,  under  the  title  of  Gov- 
ernor, is  the  official  moderator  and  counsellor  of  the  legislature. 
He  is  armed  with  a  suspensive  veto,  which  allows  him  to  stop 
or  at  least  to  retard,  its  movements  at  pleasure.  He  lays  the 
wants  of  the  country  before  tho  .'egislative  boGy,  and  points  out 
the  means  which  he  thinks  may  be  usefully  employed  in  pro- 
viding for  them  ;  he  is  the  natural  executor  of  its  decrees  in  all 
the  undertakings  which  interest  the  nation  at  large.*  In  the 
absence  of  the  legislature,  the  Governor  is  bound  to  take  all 
necessary  steps  to  guard  the  State  against  violent  shocks  and 
unforeseen  dangers. 

The  whole  military  power  of  the  State  is  at  the  disposal  of 
the  Governor.  He  is  the  commander  of  the  militia,  and  head 
of  the  armed  force.  When  the  authority  which  is  by  general 
consent  awarded  to  the  laws  is  disregarded,  the  Governor  puts 
himself  at  the  head  of  the  armed  force  of  the  State,  to  quell  re- 
sistance pnd  to  restore  order. 

Lastly  the  Governor  takes  no  share  in  the  administration  of 
townships  and  counties,  except  it  be  indirectly  in  the  nomina- 
tion of  Justices  of  the  Peace,  which  nomination  he  has  not  the 
power  to  revoke.f 

The  Governor  is  an  elected  magistrate,  and  is  generally 
chosen  for  one  or  two  years  only  ;  so  that  he  always  continues 
to  be  strictly  dependent  on  the  majority  who  returned  him. 


•  Practically  speaking,  it  is  not  always  the  Governor  who  executes  the  plans  of 
the  legislature  ;  it  often  happens  that  the  latter,  in  voting  a  measure,  names  spe- 
cial agents  to  superintend  the  execution  of  it. 

t  In  some  of  the  fitates  the  justices  of  the  peace  are  not  elected  by  the  Gov- 
ernor. 


67 


POLITICAL  EFFECTS  OF  THE  SYSTEM  OF  LOG AL  ADMINISTRATION 
IN  THE  UNITED  STATES. 


;',-^l 


of 


Necessary  distinction  between  the  general  centralization  of  Government,  and  the 
centralization  of  the  local  administration. — Local  administration  not  centralized 
in  the  United  States ;  great  general  centralization  of  the  Government. — Some 
bad  consequences  resulting  to  the  United  States  from  the  local  administration. — 
Administraiive  advantages  attending  tiiis  order  of  things. — The  power  which 
conducts  the  government  is  less  regular,  less  enlightened,  less  learned,  but 
much  greater  than  in  Europe. — Political  advantages  of  this  order  of  things. — 
In  the  United  States  the  interests  of  the  country  are  everywhere  kept  in  view. — 
Support  given  to  the  Government  by  the  community — Provincial  institutions 
more  necessary  in  proportion  as  the  social  condition  becomes  more  democra- 
tic.— Reason  of  this. 


Centralization  is  become  a  word  of  general  and  daily  use, 
without  any  precise  meaning  being  attached  to  it.  Nevertheless, 
there  exist  two  distinct  kinds  of  centralization,  which  it  is  ne- 
cessary to  discriminate  with  accuracy. 

Certain  interests  are  common  to  all  parts  of  a  nation,  such 
as  the  enactment  of  its  general  laws,  and  the  maintenance  of  its 
foreign  relations.  Other  interests  are  peculiar  to  certain  parts 
of  the  nation  ;  such,  for  instance,  as  the  business  of  different 
townships.  When  the  power  which  directs  the  general  interests 
is  centred  in  one  place,  or  in  the  same  persons,  it  constitutes 
a  central  government.  The  power  of  directing  partial  or  local 
interests,  when  brought  together,  in  like  manner  constitutes 
what  may  be  termed  a  central  administration. 

Upon  some  points  these  two  kinds  of  centralization  coalesce  ; 
but  by  classifying  the  objects  which  fall  more  particularly 
within  the  province  of  each  of  them,  they  may  easily  be  distin- 
guished. 

It  is  evident  that  a  central  government  acquires  immense 
power  when  united  to  administrative  centralization.  Thus 
combined,  it  accustoms  men  to  set  their  own  will  habitually  and 
completely  aside ;  to  submit,  not  only  for  once  or  upon  one 
point,  but  in  every  respect  and  at  all  times.  Not  only,  there- 
fore, does  this  union  of  power  subdue  them  by  force,  but  it 
affects  them  in  the  ordinary  habits  of  life,  and  influences  each 
individual,  first  separately  and  then  collectively. 

These  two  kinds  of  centralization  muUially  assist  and  attract 
each  other :  but  they  must  not  be  supposed  to  be  inseparable. 
It  is  impossible  to  imagine  a  more  completely  central  govern- 


\  ' 


•J '  ,1, 
Ik  J 


If 


1 

'I' 


68 


ment  than  that  which  existed  in  France  under  Louis  XIV. ; 
when  the  same  individual  was  the  author  and  the  interpreter 
of  the  laws,  and  the  representative  of  France  at  home  and 
ahroad,  he  was  justified  in  asserting  that  the  State  was  iden- 
tified with  his  person.  Nevertheless,  the  administration  was 
much  less  centralized  under  Louis  XIV.  than  it  is  at  the  present 

day. 

In  England  the  centralization  of  the  government  is  carried 
to  great  perfection  ;  the  State  has  the  compact  vigor  of  a  man, 
and  by  the  sole  act  of  its  will  it  puts  immense  engines  in  mo- 
tion, and  wields  or  collects  the  efforts  of  its  authority.  Indeed, 
I  cannot  conceive  that  a  nation  can  enjoy  a  secure  or  prosper- 
ous existence  without  a  powerful  centralization  of  government. 
But  I  am  of  opinion  that  a  central  administration  enervates  the 
nations  in  which  it  exists  by  incessantly  diminishing  their  pub- 
lic spirit.  If  such  an  administration  succeeds  in  condensing 
at  a  given  moment  on  a  given  point  all  the  disposable  resources 
of  a  people,  it  impairs  at  least  the  renewal  of  those  resources. 
It  may  insure  a  victory  in  the  hour  of  strife,  but  it  gradually 
relaxes  the  sinews  of  strength.  It  may  contribute  admirably 
to  the  transient  greatness  of  a  man,  but  it  cannot  ensure  the 
durable  prosperity  of  a  people. 

If  we  pay  proper  attention,  we  shall  find  that  whenever  it  is 
said  that  a  State  cannot  act  because  it  has  no  central  point,  it 
is  the  centralization  of  the  government  in  which  it  is  deficient. 
It  is  frequently  asserted,  and  we  are  prepared  to  assent  to  the 
proposition,  that  the  German  empire  was  never  able  to  bring 
all  its  powers  into  action.  But  the  reason  was,  that  the  State 
has  never  been  able  to  enforce  obedience  to  its  general  laws, 
because  the  several  members  of  that  great  body  always  claimed 
the  right,  or  found  the  means,  of  refusing  their  co-operation 
to  the  rej)resentalives  of  the  common  authority,  even  in  the 
affairs  which  concerned  the  mass  of  the  people ;  in  other 
words,  because  there  was  no  centralization  of  government. 
The  same  rem?rk  is  applicable  to  the  Middle  Ages  ;  the  cause 
of  all  the  confusion  of  feudal  society  was  that  the  control,  not 
only  of  local  but  of  general  interests,  was  divided  amongst  a 
thousand  hands,  and  broken  up  in  a  thousand  different  ways  : 
the  absence  of  a  central  government  prevented  the  nations  of 
Europe  from  advancing  with  energy  in  any  straightforward 
course. 

We  have  shown  that  in  the  United  States  no  central  admin- 
istration and  no  dependent  series  of  public  functionaries  exist. 
Local  authority  has  been  carried  to  lengths  which  no  Euro- 


69 


of 
rd 

In- 
at. 
o- 


pean  nation  could  endure  without  great  inconvenience,  and 
which  has  even  produced  some  disadvantageous  consequenees 
in  America.     But  in  the  United  States  the  centralization  of 
the  Government  is  complete  ;  and  it  would  be  easy  to  prove 
that  the  national  power  is  more  compact  than  it  has  ever  been 
in  the  old  monarchies  of  Europe.     Not  only  is  there  but  one 
legislative  body  in  each  State  ;  not  only  does  there  exist  but 
one  source  of  political  authority  ;  but  numerous  district-assem- 
blies and  county-courts  have  in  general  been  avoided,  lest  they 
should  be  tempted  to  exceed  their  administrative  duties  and  in- 
terfere with  the  Government.     In  America  the  legislature  of 
each  State  is  supreme  :  nothing  can  impede  its  authority  ;  nei- 
ther privileges,  nor  local  immunities,  nor  personal  influence, 
nor  even  the  empire  of  reason,  since  it  represents  that  majority 
which  claims  to  be  the  sole  organ  of  reason.     Its  own  deter- 
mination is,  therefore,  the  only  limit  to  its  action.     In  juxta- 
position to  it,  and  under  its  immediate  control,  is  the  represen- 
tative of  the  executive  power,  whose  duty  it  is  to  constrain  the 
refractory  to  submit  by  superior  force.     The  only  symptom  of 
weakness  lies  in  certain  details  of  the  action  of  the  Govern- 
ment.    The  American  republics  have  no  standing  armies  to  in- 
timidate a  discontented  minority  ;  but  as  no  minority  has  as  yet 
been  reduced  to  declare  open  war,  the  necessity  of  an  army 
has  not  been  felt.     The  State  usually  employs  the  otTicers  of 
the  township  or  the  county  to  deal  with  the  citizens.     Thus, 
for  instance,  in  New  England  the  assessor  fixes  the  rate  of 
taxes  ;  the  collector  receives  them  ;  the  town-treasurer  trans- 
mits the  amount  to  the  public  treasury  ;  and  the  disputes  which 
may  arise  are  brought  before  the  ordinary  courts  of  justice. 
This  method  of  collecting  taxes  is  slow  as  well  as  inconvenient, 
and  it  would  prove  a  perpetual  hindrance  to  a  Government 
whose  pecuniary  demands  were  large.     In  general  it  is  desira- 
ble that  in  whatever  materially  alTects  its  existence,  the  Govern- 
ment should  be  served  by  otlicevs  of  its  own,  appointed  by  it- 
self, removable  at  pleasure,  and  accustomed  to  rapid  methods 
of  proceeding.     But  it  will  always  be  easy  for  the  central  Go- 
vernment, organized  as  it  is  in  America,  to  introduce  new  and 
more  efTicacious  modes  of  action  proportioned  to  its  wants. 

The  absence  of  a  central  Government  will  not,  then,  as  has 
often  been  asserted,  prove  the  destruction  of  the  republics  of 
the  New  World  ;  far  from  supposing  that  the  American  gov- 
ernments are  not  sufficiently  centralized,  I  shall  prove  hereafter 
that  they  are  too  much  so.  The  legislative  bodies  daily  en- 
croach upon  the  authority  of  the  Government,  and  their  ten- 


\ 


Ik  i 

•'■   1 

•'I 


1. 


70 


dency,  like  that  of  the  French  Convention,  is  to  appropriate  it 
entirely  to  themselves.  Under  these  circumstances  the  social 
power  is  constantly  changinif  hands,  because  it  is  subordinate 
to  the  power  of  the  people,  which  is  too  apt  to  forget  the 
maxims  of  wisdom  and  of  foresight  in  the  consciousness  of  its 
strength  :  hence  arises  its  danger ;  and  thus  its  vigor,  and  not 
its  impotence,  will  probably  he  the  cause  of  its  ultimate  de- 
struction. 

The  system  of  local  administration  produces  several  different 
effects  in  America.  The  Americans  seem  to  me  to  have  out- 
stepped the  liinlts  of  sound  policy,  in  isolating  the  administra- 
tion of  the  Government ;  for  order,  even  in  second-rate  affairs, 
is  a  matter  of  national  importance.*  As  the  State  has  no  ad- 
ministrative functionaries  of  its  own,  stationed  on  different 
points  of  its  territory,  to  whom  it  can  give  a  common  impulse, 
the  consequence  is  that  it  rarely  attempts  to  issue  any  general 
police  regulations.  The  want  of  these  regulations  is  severely 
felt,  and  is  frequently  observed  by  Europeans.  The  appear- 
ance of  disorder  which  prevails  on  the  surface,  leads  him  at 
first  to  imagine  that  society  is  in  a  state  of  anarchy  ;  nor  does 
he  perceive  his  mistake  till  he  has  gone  deeper  into  the  subject. 
Certain  undertakings  are  of  importance  to  the  whole  State ; 
but  they  cannot  be  put  in  execution,  because  there  is  no  na- 
tional administration  to  direct  them.  Abandoned  to  the  ex- 
ertions of  the  towns  or  counties,  under  the  care  of  elected  or 
temporary  agents,  they  lead  to  no  result,  or  at  least  to  no 
durable  benefit. 

The  partisans  of  centralization  in  Europe  maintain  that  the 
Government  directs  the  affairs  of  each  locality  better  than  the 
citizens  could  do  it  for  themselves  :  this  may  be  true  when  the 
central  power  is  enlightened,  and  when  the  local  districts  are 
ignorant ;  when  it  is  as  alert  as  they  are  slow  ;  when  it  is  ac- 
customed to  act,  and  they  to  obey.  Indeed,  it  is  evident  that 
this  double  tendency  must  augment  with  the  increase  of  cen- 
tralization, and  that  the  readiness  of  the  one,  and  the  incapaci- 
ty of  the  others,  must  become  more  and  more  prominent.  But 
I  deny  that  such  is  the  case  when  the  people  is  as  enlightened, 


*  The  authority  which  represents  the  State  onglit  not,  I  think,  to  waive  the 
right  of  inspecting  the  local  administration,  even  when  it  does  not  interfere  more 
actively.  Suppose,  for  instance,  that  an  agent  of  the  Government  was  stationed 
at  some  appointed  spot  in  the  county,  to  prosecute  the  misdemeanors  of  the  town 
and  county  officers,  would  not  a  more  uniform  order  he  the  result,  without  in  any 
way  compromising  the  independence  of  the  township  ?  Nothing  of  the  kind, 
however,  exists  in  A  uierica :  there  is  nothing  above  tlie  county-courts,  which  have, 
aa  it  were,  only  an  accidental  cognizance  of  the  offences  they  are  meant  to  repress. 


71 


the 
ire 


OS  awake  to  its  interests,  and  as  accustomed  to  reflect  on  them, 
as  the  Americans  are.  I  am  persuaded,  on  the  contrary,  that 
in  this  case  the  collective  strength  of  the  citizens  will  always 
conduce  more  efficaciously  to  the  public  welfare  than  the  au- 
thority of  the  Government.  It  is  difficult  to  point  out  with 
certainty  the  means  of  arousing  a  sleeping  population,  and  of 
giving  it  passions  and  knowledge  which  it  does  not  possess  ;  it 
is,  I  am  well  aware,  an  arduous  task  to  persuade  men  to  busy 
themselves  about  their  own  affiiirs  ;  and  it  would  frequently  be 
easier  to  interest  them  in  the  punctilios  of  court  etiquette  than 
in  the  repairs  of  their  common  dwelling.  But  whenever  a 
central  administration  atfects  to  supersede  the  persons  most  in- 
terested, I  am  inclined  to  suppose  that  it  is  either  misled,  or 
desirous  to  mislead.  However  enlightened  and  however  skillful 
a  central  power  may  be,  it  cannot  of  itself  embrace  all  the  de- 
tails of  the  existence  of  a  great  nation.  Such  vigilance  exceeds 
the  powers  of  man.  And  when  it  attempts  to  create  and  set 
in  motion  so  many  complicated  springs,  it  must  submit  to  a 
very  imperfec  result,  or  consume  itself  in  bootless  efforts. 

Centralization  succeeds  more  easily,  indeed,  in  subjecting 
the  external  actions  of  men  to  a  certain  uniformity,  which  at 
last  commands  our  regard,  independently  of  the  objects  to 
which  it  is  applied,  like  those  devotees  who  worship  the  statue, 
and  forget  the  deity  it  represents.  Centralization  imparts 
without  difficulty  an  admirable  regularity  to  the  routine  of  busi- 
ness ;  rules  the  details  of  the  social  police  with  sagacity ;  re- 
presses the  smallest  disorder  and  the  most  petty  misdemeanors  ; 
maintains  society  in  a  statu  quo  alike  secure  from  improvement 
and  decline  ;  and  perpetuates  a  drowsy  precision  in  the  conduct 
of  affairs,  which  is  hailed  by  the  heads  of  the  administration  as 
a  sign  of  perfect  order  and  public  tranquility  :*  in  short,  it  ex- 
cels more  in  prevention  than  in  action.  Its  force  deserts  it 
when  society  is  to  be  disturbed  or  accelerated  in  its  course  ; 
and  if  once  the  co-operation  of  private  citizens  is  necessary  to 
the  furtherance  of  its  measures,  the  secret  of  its  impotence  is 
disclosed.  Even  whilst  it  invokes  their  assistance,  it  is  on  the 
condition  that  they  shall  act  exactly  as  much  as  the  Govern- 

*  China  appears  to  me  to  present  the  most  perfect  instance  of  that  species  of 
well-being  which  a  completely  central  administration  may  furnish  to  the  nations 
among  which  it  exists.  Travellers  assure  us  that  the  Chinese  have  peace  without 
happiness,  industry  without  imprcvement,  stability  without  strength,  and  public 
order  without  public  morality.  The  condition  of  society  is  always  tolerable, 
never  excellent  I  am  convinced  that,  when  China  is  opened  to  European  obser- 
vation, it  will  be  found  to  contain  the  most  perfect  model  of  aceatral  administration 
which  exists  iu  the  universe. 


1 


ii 

Ik  :) 


ff 

V 


f: 


I 
1 


.,:      EJ 


'I  ■.,    .  'b  , 


.•■I 


72 

ment  chooses,  and  exactly  in  the  manner  it  appoints.  They 
are  to  take  charge  of  the  details,  without  aspiring  to  guide  the 
system  ;  they  are  to  work  in  a  dark  and  suhordinate  sphere, 
and  only  to  jiid,:,'e  the  acts  in  which  they  have  themselves  co- 
operated, by  their  results.  These,  however,  are  not  conditions 
on  which  tlic  alliance  of  the  human  will  is  to  be  obtained  ;  its 
carriage  must  be  free,  and  its  actions  responsible,  or  (such  is 
the  constitution  of  man,)  the  citi/en  had  rather  remain  a  pas- 
sive spectator  than  a  dependent  actor  in  schemes  with  which 
he  is  unacquainted. 

It  is  undeniable,  that  the  want  of  those  uniform  regulations 
which  control  the  conduct  of  every  inhabitant  of  France  is  not 
unfrequently  felt  in  the  United  States,  Gross  instances  of  so- 
cial inditference  and  neglect  are  to  be  met  with ;  and  from 
time  to  time  disgraceful  blemishes  are  seen,  in  complete  con- 
trast with  the  surrounding  civilization.  Useful  undertakings 
which  cannot  succeed  without  perpetual  attention  and  rigorous 
exactitude,  are  very  frequently  abandoned  in  the  end  ;  for  in 
America  as  well  as  in  other  countries  the  people  is  subject  to 
sudden  impulses  and  momentary  exertions.  The  European 
who  is  accustomed  to  find  a  functionary  always  at  hand  to  in- 
terfere with  all  he  undertakes,  has  some  dilficulty  in  accustom- 
ing himself  to  the  complex  mechanism  of  the  administration  of 
the  townships.  In  general  it  may  be  affirmed  that  the  lesser 
details  of  the  police,  which  render  life  easy  and  comfortable, 
are  neglected  in  America  ;  but  that  the  essential  guarantees  of 
man  in  society  are  as  strong  there  as  elsewhere.  In  America 
the  power  which  conducts  the  Covernment  is  far  less  regular, 
less  enlightened,  and  less  learned,  but  an  hundredfold  more  au- 
thoritative, than  in  Europe.  In  no  country  in  the  world  do 
the  citizens  make  such  exertions  for  the  common  weal ;  and  I 
am  acquainted  with  no  people  which  has  established  schools  as 
numerous  and  as  efficacious,  places  of  public  worship  better 
suited  to  the  wants  of  the  inhabitants,  or  roads  kept  in  better 
repair.  Uniformity  or  permanence  of  design,  the  minute  ar- 
rangement of  details,*  and  the  perlection  of  an  ingenious  ad- 

*  A  writer  of  talent,  who,  in  tlie  comparison  which  ho  has  drawn  between  tlio 
finances  of  France  and  tiiose  of  the  United  iStates,  lias  proved  that  ingenuity  can- 
not always  supi)ly  tiie  place  of  a  knowledge  of  facts,  very  justly  reproaches  tiie 
Americans  for  the  sort  of  confusion  wiiich  exists  in  the  accounts  of  the  expendi- 
ture in  tlie  townships;  and  after  giving  tlie  model  of  a  Departmental  Budget  in 
France,  he  adds :  "  We  are  indebted  to  centralization,  that  adnnrable  invention  of 
a  great  man,  for  the  uniform  order  and  method  which  prevails  alike  in  all  the  mu- 
nicipal budgets,  from  the  largest  town  to  the  humblest  conunune."  Whatever 
may  be  my  admiration  of  this  result,  when  1  see  the  communes  of  France,  with 
their  excellent  system  of  accounts,  plunged  in  the  grossest  ignorance  of  Uieir  true 


73 


lie 

lin 

lof 

ur 
|th 


ministration,  must  not  be  souglit  for  in  the  United  States  ;  but 
it  will  be  easy  to  find,  on  the  other  hand,  the  symptoms  of  a 
power,  vvhiejj,  if  it  is  somewhat  barbarous,  is  at  least  robust ; 
and  of  an  existence,  vvhieh  is  clieclcered  with  accidents  indeed, 
but  cheered  at  the  same  time  by  animation  and  cfl'ort. 

Granting  for  an  instant  that  (he  vilhiges  and  counties  of  the 
United  States  wouki  be  more  usefully  governed  by  a  remote 
authority,  whicli  they  had  never  seen,  than  by  functionaries 
taken  from  the  midst  of  them, — admitting,  for  the  sake  of  argu- 
ment, that  the  country  would  be  more  secure,  and  the  resources 
of  society  better  employed,  if  the  whole  administration  centred 
in  a  single  arm,  still  the  political  advantages  which  the  Ameri- 
cans derive  from  their  system  woiild  induce  me  to  prefer  it  to 
the  contrary  plan.  It  profits  me  but  little,  after  all,  ihat  a  vigi- 
lant authority  should  protect  the  tranquillity  of  my  j)U'asures, 
and  constantly  avert  all  dangers  from  my  path,  without  ii./  care 
or  my  concern,  if  this  same  authority  is  the  absolute  mistress 
of  my  liberty  and  of  my  life,  and  if  it  so  monopolizes  all  the 
energy  of  existence,  that  when  it  languishes  everything  lan- 
guishes around  it,  that  when  it  sleejjs  everything  must  sleep, 
that  when  it  dies  the  State  itself  must  perish. 

fii  certain  countries  of  Europe  the  natives  consider  them- 
selves as  ;i  kind  of  settlers,  indilFerent  to  the  fate  of  the  spot 
upon  which  they  live.  The  greatest  changes  are  elfected  with- 
out their  concurrence,  and  (unless  chance  may  have  apprised 
them  of  the  event,)  without  their  knowledge  ;  nay  more,  the 
citizen  is  unconcerned  as  to  the  condition  of  his  village,  the 
])oIice  of  his  street,  the  repairs  of  the  church  or  of  the  parson- 
age ;  for  he  looks  upon  all  these  things  as  unconnected  with 
himself,  and  as  the  property  of  a  powerful  stranger  whom  he 
calls  the  Government.  He  has  only  a  life-interest  in  these 
possessions,  and  he  entertains  no  notions  of  ownership  or  of 
improvement.  This  want  of  interest  in  his  own  alFairs  goes  so 
far,  that  if  his  own  safety  or  that  of  his  children  is  endangered, 

interests,  and  al)andone(l  to  so  incorrigible  an  apathy  that  tiiey  seem  to  vogotate 
rather  than  to  live  ;  when,  on  the  other  hand,  I  observe  the  activity,  tiio  informa- 
tion, and  the  spirit  of  enterprise  which  keeps  society  in  perpetual  labor,  in  tiiose 
American  townships  whose  budgets  are  drawn  up  with  small  method  and  with 
still  less  uniformity,  I  am  struck  by  the  spectacle  ;  for  to  my  mind  the  end  of  a 
good  government  is  to  ensure  the  welfare  of  a  people,  and  not  to  establish  order 
and  regularity  in  the  midst  of  its  misery,  and  its  distress.  I  am  therefore  led  to 
suppose  that  the  prosperity  of  the  American  townships  and  the  apparent  confusion 
•>f  their  accounts,  the  distress  of  the  French  coninuuieii  and  the  perfection  of  their 
TJudget,  may  be  attributable  to  the  same  cause.  At  any  rate  I  am  suspicious  of  a 
benelit  which  is  united  to  so  many  evils,  and  I  am  not  averse  to  an  evil  which  is 
compensated  by  so  many  benefits. 

10 


i  • 


-'■.^I 


'     I'  r.    >' 


[0  '^ 


74 


instead  of  trying  to  avert  the  peril,  he  will  fold  his  arms,"  and 
wait  till  the  nation  comes  to  his  assistance.  This  same  indi- 
vidual who  has  so  completely  sacriliced  his  own  free  will,  has 
no  natural  propensity  to  obedience  ;  he  cowers,  it  is  true,  be- 
fore the  petties-l  ollicer  ;  but  he  braves  the  law  with  the  spirit 
of  a  conquered  foe,  as  soon  as  its  superior  force  is  removed  : 
his  oscillations  between  servitude  and  licence  are  perpetual. 
When  a  nation  has  arrived  at  this  state,  it  must  either  change 
its  customs  and  its  laws,  or  perish  :  the  source  of  public  virtue 
is  dry ;  and  though  it  may  contain  subjects,  the  race  of  citizens 
is  extinct.  Such  communities  are  a  natural  prey  to  foreign 
conquest ;  and  if  they  do  not  disappear  from  the  scene  of  life, 
it  is  because  they  are  surro  .nded  by  other  nations  similar  or 
inferior  to  themselves  :  it  is  because  the  instinctive  feeling  of 
their  country's  claims  still  exists  in  their  hearts  ;  and  because 
an  involuntary  pride  in  the  name  it  bears,  or  a  vague  reminis- 
cence of  its  bygone  f£.me,  suffices  to  give  them  the  impulse  of 
self-preservation. 

Nor  can  the  prodigious  exertions  made  by  certain  people  in 
the  defence  of  a  country  in  which  they  may  ahoost  be  said  to 
have  lived  as  aliens,  be  adduced  in  J'avor  of  such  a  system  ; 
for  it  will  be  found  that  in  these  cases  their  main  incitement 
was  religion.  The  permanence,  tne  glory,  or  the  prosperity 
of  the  nation  were  become  parts  of  their  faith  ;  and  in  defend- 
ing the  country  they  inhabited,  they  defended  that  Holy  City  of 
which  they  were  all  citizens.  The  Turkish  tribes  have  never 
taken  an  active  share  in  the  conduct  of  the  affairs  of  society, 
but  they  accomplished  stupendous  enterprises  as  long  as  the 
victories  of  the  Sultans  were  the  tiium[)hs  of  the  Mahomme- 
dan  faith.  In  the  present  age  they  art  in  rapid  decay,  because 
their  religion  is  departing,  and  despotism  only  remains.  Mon- 
tesquieu, who  attributed  to  absolute  power  an  authority  pt,.u- 
liar  to  itself,  did  it,  as  I  conceive,  undeserved  honor  ;  for  des- 
potism, taken  by  itself,  can  produce  no  durable  results.  On 
close  inspection  we  shall  find  that  religion,  and  iMt  fear,  has 
ever  been  the  cause  of  the  long-lived  prosperty  of  absolute 
governments.  Whatever  exertions  may  be  made,  no  true 
power  can  be  founded  among  men  which  does  not  depend  uj)on 
the  free  union  of  their  inclinations  ;  and  patriotism  or  religion 
are  the  only  two  motives  in  the  world  which  can  permanently 
direct  the  whole  of  a  body  politic  to  one  end. 

Laws  cannot  succeed  in  rekindling  the  ardor  of  an  extin- 
guished faith ,  but  men  may  be  interested  in  the  fate  of  their 
country  by  the  laws.     By  this  influence,  the  vague  impulse  of 


patrio 
direct 
the  pa 
into  a 
the  tin 
nation 
is  a  nc 
It  is 
system 
the  int 
are  an 
and  ev 
his  owi 
of  its  s 
ted  ;  a( 
profits, 
gous  to 
egotism 
The 
he  repn 
sents  a 
obedien 
which 
least  sa 
which  a 
dividual 
it  may  b 
ing  the  ( 
plan,  ofl 
individun 
doubtedl 
been  in  1 
undertak 
As  the 
citizens, 
their  jea 
every  om 
Thus  wl 
abandonc 
zens  are 
in  their  i\ 
guide  am 
joined   to 
what  the 


t 


75 


patriotism,  which  never  abandons  the  human  heart,  may  be 
directed  and  revived  :  and  if  it  be  connected  with  the  thoughts, 
the  passions,  and  the  daily  habits  of  life,  it  may  be  consolidated 
into  a  durable  and  rational  sentiment.  Let  it  not  be  said  that 
the  time  for  the  experiment  is  already  past ;  for  the  old  age  of 
nations  is  not  like  the  old  age  of  men,  and  every  fresh  generation 
is  a  new  people  ready  for  the  care  of  the  legislator. 

It  is  not  the  admimslrative^  but  the  political  ctfects  of  the  local 
system  that  I  most  admire  in  America.  In  the  United  States 
the  interests  of  the  country  are  everywhere  kept  in  view  ;  they 
are  an  object  of  solicitude  to  the  people  of  the  whole  Union, 
and  every  citizen  is  as  warmly  attached  to  them  as  if  they  were 
his  own.  He  takes  pride  in  the  glory  of  his  nation  ;  he  boasts 
of  its  success,  to  which  he  conceives  himself  to  have  contribu- 
ted ;  and  he  rejoices  in  the  general  prosperity  by  which  he 
profits.  The  feeling  he  entertains  towards  the  State  is  analo- 
gous to  that  which  unites  him  to  his  family,  and  it  is  by  a  kind  of 
egotism  that  he  interests  himself  in  the  welfare  of  his  country. 

The  European  generally  submits  to  a  public  officer  because 
he  represents  a  superior  force;   but  to  an  American  he  repre- 
sents a  right.      In  America  it  may  be  said  that  no  one  renders 
obedience  to  man,  but  to  justice  and  to  law.     If  the  opinion 
which  the  citizen  entertains  of  himself  is  exaggerated,  it  is  at 
least  salutary;  he  unhesitatingly  confides  in  his  own  powers, 
which  appear  to  him  to  be   all-sufficient.     When  a  private  in-  | 
dividual  meditates  an  undertaking,  however  directly  connected 
it  may  be  with  the  welfare  of  society,  he  never  thinks  of  solicit-  ' 
ing  the  co-operation  of  the  Government ;  but  he  publishes  his 
plan,  oflors  to  execute  it  himself,  courts  the  assistance  of  other 
individuals,  and  struggles  manfully  against  all  obstacles.     Un-; 
doubtedly  he  is  often  less  successful  than  the  State  might  have! 
been  in  his  position  ;   but  in  the  end,  the  sum  of  these  private 
undertakings  far  exceeds  all  that  the  Government  could  etlect. 

As  the  adininisti-ative  authority  is  within  the  reach  of  the 
citizens,  whom  it  in  some  degree  represents,  it  excites  neither 
their  jealousy  nor  their  hatred  :  as  its  resources  are  limited, 
every  one  feels  that  he  must  not  rely  solely  on  its  assistance. 
Thus  when  the  administration  thinks  fit  to  interfere,  it  is  not 
abandoned  to  itself  as  in  Europe  ;  the  duties  of  the  private  citi- 
zens are  not  supposed  to  have  lapsed  because  the  State  assists 
in  their  fulfilment ;  but  every  one  is  ready,  on  the  contrary,  to 
guide  and  to  support  it.  This  action  of  individual  exertions, 
joined  to  that  of  the  public  authorities,  frequently  perlbrms 
what  the  most  energetic  central  administration  would  be  unable 


f 


i 


1 


i'  ..I 


1   1 


76 

to  execute.  It  would  be  easy  to  adduce  several  facts  in  proof 
of  what  I  advance,  but  I  had  rather  give  only  one,  with  which 
I  am  more  thoroughly  acquainted.*  In  AiDerica,  the  means 
which  the  authorities  have  at  their  disposal  for  the  discovery  of 
crimes  and  the  arrestation  of  criminals  are  few.  A  State-police 
does  not  exist,  and  passports  are  unknown.  The  criminal 
police  of  the  United  States  cannot  be  compared  to  that  of 
France  ;  the  magistrates  and  public  prosecutors  are  not  numer- 
ous, and  the  examinations  of  prisoners  are  rapid  and  oral. 
Nevertheless  in  no  country  does  crime  more  rarely  elude  pun- 
ishment. The  reason  is  that  every  one  conceives  himself  to  be 
interested  in  furnishing  evidence  of  the  act  committed,  and  in 
stopping  the  delinquent.  During  my  stay  in  the  United  States, 
I  witnessed  the  spontaneous  formation  of  conmiittces  for  the 
pursuit  and  prosecution  of  a  man  who  had  committed  a  great 
crime  in  a  certain  county.  In  Europe  a  criminal  is  an  unhappy 
being  who  is  struggling  for  his  life  against  the  ministers  of  jus- 
tice, whilst  the  population  is  merely  a  spectator  of  the  conflict : 
in  America  he  is  looked  upon  as  an  enemy  of  the  human  race, 
and  the  whole  of  mankind  is  against  him. 

I  believe  that  provincial  institutions  are  useful  to  all  nations, 
but  nowhere  do  they  appear  to  me  to  be  more  indispensable 
than  amongst  a  democratic  people.  In  an  aristocracy,  order 
can  always  be  maintained  in  the  midst  of  liberty  ;  and  as  the 
rulers  have  a  great  deal  to  lose,  order  is  to  ihem  a  first  rate  con- 
sideration. In  like  manner  an  aristocracy  proit cts  the  people 
from  the  excesses  of  despotism,  because  it  always  ])osscsses  an 
organised  power  ready  to  resist  a  despot.  But  a  democracy 
without  provincial  institutions  has  no  security  against  these  evils. 
How  can  a  populace,  unaccustomed  to  freedom  in  small  con- 
cerns, learn  to  u^e  it  temperately  in  great  aliairs?  What  re- 
sistance can  be  olfered  to  tyranny  in  a  country  where  every  pri- 
vate individual  is  impotent,  and  where  the  citizens  are  united 
by  no  common  tie  1  Those  who  dread  the  licence  of  the  mob, 
and  those  who  fear  the  rule  of  absolute  power  ought  alike  to 
desire  the  progressive  growth  of  pi'ovincial  liberties. 

On  the  other  hand,  I  am  convinced  that  democratic  nations 
are  most  exposed  to  fall  beneath  the  yoke  of  a  central  adminis- 
tration, for  several  reasons,  amongst  which  is  the  following. 

The  constant  tendency  of  these  nations  is  to  concentrate  all 
the  strength  of  the  Government  in  the  hands  of  the  only  power 
which  directly  represents  the   people  :  because,  beyond   the 


See  Appendix,  I. 


77 


all 


people  nothing  is  to  be  perceived  but  a  mass  of  equal  indivi- 
duals confounded  together.      But  when  the  same  power  is  al- 
ready in  possession  of  all  the  attributes  of  the  Government,  it 
can  scarcely  refrain  from  penetrating  into  the  details  of  the  ad- 
ministration and  an  opportunity  of  doing  so  is  sure  to  present 
itself  in  the  end,  as  was  the  case  in  France.     In  the  French 
Revolution    there  were  two  impulses  in  opposite  directions, 
which  must  never  be  confounded  ;   the  one  was  favorable   to 
liberty,  the  other  to  despotism.     Under  the  ancient  monarchy 
the  King  was  the  sole  author  of  the  laws  ;  and  below  the  power 
of  the  Sovereign,  certain  vestiges  of  provincial  institutions,  half- 
destroyed,  were  still  distinguishable.     These  provincial  institu- 
tions were  incoherent,  ill  compacted,  and  frequently  absurd  ; 
in  the  hands  of  the  aristocracy  they  had  sometimes  been  con- 
verted into  instruments  of  oppression.     The  Revolution  de- 
clared itself  the  enemy  of  royalty  and  of  provincial  institutions 
at  tho  same  time  ;  it  confounded  all  that  had  preceded  it — de- 
spotic power  and  the  checks  to  its  abuses  —  in  indiscriminate 
hatred  ;   and  its  tendency  was  at  once  to  republicanism  and  to 
centralization.     This  double  character  of  the  French  Revolu- 
tion is  a  fact  which  has  been  adroitly  handled  by  the  friends  of 
absolute  power.     Can  they  be  accused  of  laboring  in  the  cause 
of  des[)otism,  when  they  are  defending  that  central  administra- 
tion which  was  one  of  the  great  innovations  of  the  Revolution  1* 
In  this  manner  popularity  may  be  conciliated  with  hostility  to 
the  rights  of  the  people,  and  the  secret  slave  of  tyranny  may 
be  the  professed  admirer  of  freedom. 

I  have  visited  the  two  nations  in  which  the  system  of  provin- 
cial liberty  has  been  most  perfectly  established,  and  I  have  lis- 
tened to  the  opinions  of  diflerent  parties  in  those  countries.  In 
America  I  met  with  men  who  secretly  aspired  to  destroy  the 
democratic  institutions  of  the  Union;  in  England  I  found  others 
who  attacked  the  aristoi^racy  openly;  but  I  know  of  no  one  who 
does  not  regard  provincial  independence  as  a  great  benefit.  In 
both  countries  I  have  heard  a  thousand  dilFerent  causes  assisrned 
for  the  evils  of  the  State  ;  but  the  local  system  was  never  men- 
tioned amongst  them.  I  have  heard  citizens  attribute  the 
power  and  prosperity  of  their  country  to  a  multitude  of  reasons  ; 
but  they  all  placed  the  advantages  of  local  institutions  in  the 
foremost  rank. 

Am  I  to  suppose  that  when  men  who  are  naturally  so  divided 
on  religious  opinions,  and  on  political  theories,  agree  on  one 
point,  (and  that,  one  of  which  they  daily  experience,)  they  are 
all  in  error  1    The  only  nations  which  deny  the  utility  of  pro- 

*  See  Appendix,  K. 


Y 


in 


•I  -JIRIJ 


t 
.1' 
<» 


I 


I 

I 

'I' 


78 


vlncial  liberties  are  those  which  have  fewest  of  them;  in  other 
words,  those  who  are  unacquainted  with  the  institution  are  the 
only  persons  who  pass  a  censure  upon  it. 


CHAPTER  VI. 

JUDICIAL  POWER  IN  THE  UNITED  STATES,  AND  ITS  INFLUENCE 

ON  POLITICAL  SOCIETY. 

The  Anglo-Americans  have  retained  the  charticteristics  of  judicial  power  wiiich 
are  conunoii  to  all  nations. — They  Iiuve,  however,  made  it  a  powerful  political 
organ. — How. — In  what  the  judicial  system  of  the  Anglo-Americans  differs 
from  that  of  all  other  nations. — Why  the  American  judges  have  the  right  of 
declaring  the  laws  to  be  unconstitutional. — How  they  use  this  right. — Precau- 
tious taken  by  the  legislator  to  prevent  its  abuse.    • 

I  HAVE  thought  it  essential  to  devote  a  separate  chapter  to  the 
judicial  authorities  of  the  United  States,  lest  their  great  political 
injjiortaiue  should  be  lessened  in  the  reader's  eyes  by  a  merely 
incidental  mention  of  them.  Confederations  have  existed  in  other 
countries  beside  America ;  and  republics  have  not  been  estab- 
lished upon  the  shores  of  the  New  World  alone  :  the  representa- 
tive system  of  government  has  been  adopted  in  several  States  of 
Europe ;  but  1  am  not  aware  that  any  nation  of  the  globe  has 
hitherto  organised  a  judicial  power  on  the  principle  adopted  by 
the  Americans.  The  judicial  organization  of  the  United  States 
is  the  iiistitution  which  the  stranger  has  the  greatest  dilliculty  in 
understanding.  He  hears  tlic  authority  of  a  judge  invoked  in 
the  political  occurrences  of  every  day,  and  he  natiu'ally  concludes 
that  in  the  United  States  the  judges  are  imj)ortant  political 
functionaries :  nevertheless,  when  he  examines  the  nature  of  the 
tribunals,  they  oiler  nothing  whicii  is  contrary  to  the  usual 
habits  and  privileges  of  those  bodies ;  and  the  magistrates  seem 
to  him  to  interfere  in  public  affairs  by  chance,  but  by  a  chance 
which  recurs  every  day. 
When  the  ParUament  of  Paris  remonsti'ated,  or  refused  to 


enrejE 
of  m?) 
body 
in  the 
dinar 
restric 
Th, 
duty  c 
warrai 
broug] 
as  a  la 
to  disc 
a  jtidg 
extend? 
steppin 
cide  up 
nouncci 
bevond 
TJie 
nounces 
a  jiulge 
ei])le,  bi 
ences    ii 
remains 
directly 
case  in  v 
to  con  fin 
haps  a  11 
ceases  to 
The  t 
to  act  ui 
of  an  afl 
two ;  but 
garded  a;- 
action ;   ] 
When  it 
iiaj;  wjic 
when  an 
it;  but  it 
into  ('vid( 
should  ()]) 
would  in 
authority. 


79 


m 
in 
es 
■ill 


enregister  an  edict,  or  when  it  summoned  a  functionary  accused 
of  malversation  to  its  bar,  its  political  influence  as  a  judicial 
body  was  clearly  visible ;  but  nothinu^  of  the  kind  is  to  be  seen 
in  the  United  States.  The  Americans  have  retained  all  the  or- 
dinary characteristics  of  judicial  authority,  and  have  carefully 
restricted  its  action  to  the  ordinary  circle  of  its  functions. 

The  first  characteristic  of  judicial  power  in  all  nations  is  the 
duty  of  arbitration.  But  rijn;hts  must  be  contested  in  order  to 
warrant  the  interference  of  a  tribunal ;  and  an  action  must  be 
broufj;ht  to  obtain  the  decision  of  a  judjiye.  As  long-,  therefore, 
as  a  law  is  uncontested,  the  judicial  authority  is  not  called  upon 
to  discuss  it,  and  it  may  exist  without  beiny'  perceived.  When 
a  judcfe  in  a  pi'iven  ca«;e  attacks  a  law  relating  to  that  case,  he 
extends  the  circle  of  his  customary  duties,  without  however 
stepping  beyond  it ;  since  he  is  in  some  measure  obliged  to  de- 
cide uj3on  the  law,  in  order  to  decide  the  case.  But  if  he  pro- 
nounces upon  a  law^^ithout  resting  upon  a  case,  he  clearly  steps 
beyond  his  sphere,  and  invades  that  of  the  legislative  authority. 

The  second  characteristic  of  judicial  power  is,  that  it  pro- 
nounces on  special  cases,  and  not  upon  general  principles.  If 
a  judge  in  deciding  a  particular  point  destroys  a  general  prin- 
clj)le,  by  passing  a  judgment  which  tends  to  reject  all  the  infer- 
ences from  that  principle,  and  consecjuently  to  annul  it,  he 
remains  within  the  ordinary  limits  of  his  functions.  But  if  he 
directly  attacks  a  general  priiuiple  without  having  a  particular 
case  in  view,  he  leaves  the  circle  in  which  all  nations  have  agreed 
to  confine  his  authority  ;  he  assumes  a  more  im})ortant,  and  per- 
haps a  more  useful  influence  than  that  of  the  magistrate,  but  he 
ceases  to  represent  the  judicial  power. 

The  third  characteristic  of  the  judicial  power  is  its  inability 
to  act  unless  it  is  appealed  to,  or  until  it  has  taken  cognizance 
of  an  atVair.  This  charact(>ristic  is  less  general  than  the  other 
two  ;  but  notwithstanding  the  exceptions,  I  think  it  may  be  re- 
garded as  essential.  Tiie  judicial  power  is  by  its  nature  devoid  of 
action ;  it  nuist  be  put  in  motion  in  order  to  produce  a  result. 
VV^ien  it  «s  railed  upon  to  repress  a  crime,  it  })unishes  the  crimi- 
nal ;  when  a  wrong  is  to  be  redressed,  it  is  ready  to  redress  it ; 
when  an  act  recjuires  inter])retation,  it  is  prepared  to  interpret 
it ;  but  it  does  not  pursue  criminals,  hunt  out  wrongs,  or  examine 
into  evidence  of  its  own  accord.  A  judicial  finutionary  who 
should  oj)en  proceedings,  and  usurp  the  censureship  of  the  laws, 
would  in  some  measure  do  violence  to  the  passive  nature  of  his 
authority. 


•5'  ■>•'   X 

t  "*  .    ''■ 

in  1 

t 


8b 


The  Americans  have  retained  these  three  distinp^uishing  cha- 
racteristics of  the  judicial  power ;  an  American  judge  can  only 
pronounce  a  decision  when  litigation  has  arisen,  he  is  only  con- 
versant with  sjjecial  cases,  and  he  cannot  act  until  the  cause  has 
been  duly  brought  before  the  court.  His  position  is  therefore 
perfectly  similar  to  that  of  the  magistrate  of  other  nations ;  and 
he  is  nevertheless  invested  with  immense  political  power.  If  the 
sphere  of  his  authority  and  his  means  of  action  arc  the  same  as 
those  of  other  judges,  it  may  be  asked  whence  he  derives  a 
power  which  they  do  not  possess.  The  cause  of  this  dillerence 
lies  in  the  simple  fact  that  the  Americans  have  acknowledged  the 
right  of  the  judges  to  found  their  decisions  on  the  Constitution, 
rather  than  on  the  hu\s.  In  other  words,  they  have  left  them 
at  liberty  not  to  apply  such  laws  as  may  appear  to  them  to  be 
unconstitutional. 

I  am  aware  that  a  similar  rip;ht  has  been  claimed — but  claim- 
ed in  vain — by  courts  of  justice  in  other  countries ;  but  in  Ame- 
rica it  is  recognised  by  all  the  authorities ;  and  not  a  party,  nor 
so  much  as  an  individual,  is  found  to  contest  it.  This  fact  can 
only  be  explained  by  the  principles  of  the  Amci  ican  constitutions. 
In  France  the  constitution  is  (or  at  least  is  su]ij)Osed  to  be)  im- 
mutable ;  and  the  received  theory  is  that  lio  })ower  has  the  right 
of  changing  any  part  of  it.  In  England,  the  Parliament  has  an 
acknowledged  right  to  modify  the  constitution  ;  as,  tiierefore, 
the  constitution  may  undergo  jierpetual  chaiifzes,  it  does  not  in 
reality  exist ;  the  Parliament  is  at  once  a  legislative  and  a  con- 
stitucnt  assembly.  The  political  theories  of  America  are  more 
simple  and  more  rational.  An  American  constitution  is  not  sup- 
posed to  be  immuta])!e  as  in  France ;  nor  is  it  susceptible  of 
modification  by  the  ordiiiary  powers  of  society  as  in  England. 
It  constitutes  a  detached  whole,  which  as  it  represents  the  deter- 
mination of  the  whole  peojile,  is  no  less  l)inding  on  the  legis- 
lator than  on  the  private  citizen,  but  \\  Inch  may  be  altered  by 
the  will  of  the  people  in  pre-determined  cases,  according  to 
established  rules.  In  America  the  constitution  may  therefore 
vary,  l)ut  as  long  as  it  exists  it  is  the  origin  of  all  authority, 
and  the  sole  vehicle  of  the  predominating  force. 

It  is  easy  to  perceive  in  what  manner  these  differences  must 
act  upon  the  position  and  the  rights  of  the  judicial  bodies  in  the 
three  ccnintries  1  have  cited.  If  in  France  the  tribunals  were 
authorised  to  disobey  the  laws  on  the  ground  of  their  being 
opposed  to  the  constitution,  the  suj)reme  power  would  in  fact  be 
placed  in  their  hands,  since  they  alone  would  have  the  right  of 


inter] 
by  n( 
natio 
herei 
Undc 
a  law 
tion  1! 
barrie 
But  ii 
of  the 
will  ol 
selves. 
It  y 
.judges 
body, 
the  Co 
three  f 
But  nei 
In  til 
as  mud 
be  mod 
should 
conditit 
that  leg 
natural 
InF 
judge- 
cisions  ; 
encroac 
of  sociei 
State-nu 
In  Anu 
to  obet 
is  to  be 
logical  r 
serve  tin 
When 
is  argue( 
admit  it 
to  the  A 
influence 
there  are 
or  other, 


81 


t  of 


interpreting  a  constitution,  tlie  clauses  of  wiiicli  can  be  modified 
by  no  autbority.  They  would  therefore  take  the  place  of  the 
nation,  and  exercise  as  a})solute  a  s^^  ay  over  society  as  the  in- 
herent weakness  of  judicial  power  would  allow  tliem  to  do. 
Undoubtedly,  as  the  French  ^judges  are  inconn>otent  to  declare 
a  law  to  be  unconstitutional,  the  power  of  chauging  the  constitu- 
tion is  indirectly  given  to  the  le<j;islative  body,  since  no  legal 
barrier  would  oppose  the  alterations  which  it  might  prescribe. 
But  it  is  better  to  grant  the  power  of  changing  the  constitution 
of  die  people  to  men  who  represent  (however  imperfectly)  the 
will  of  the  people,  than  to  men  who  represent  no  one  but  them- 
selves. 

It  would  be  still  more  unreasonable  to  invest  the  English 
judges  with  the  right  of  resisting  the  decisions  of  the  legislative 
body,  since  the  Parliament  which  makes  the  laws  also  makes 
the  Constitution ;  and  consequently  a  law  emanating  from  the 
three  powers  of  the  State  can  in  no  case  be  unconstitutional. 
But  neither  of  tliesc^  remarks  is  applicable  to  America. 

In  die  United  States  the  constitution  governs  the  legislator 
as  much  as  the  private  citi/AMi :  as  it  is  the  first  of  laws,  it  cannot 
be  modified  by  a  law;  and  it  is  therefore  just  that  the  tribunals 
should  obey  the  constitution  in  preibrence  to  any  law.  This 
condition  is  essential  to  the  power  of  the  judicature  ;  for  to  select 
that  legal  obligation  by  which  he  is  most  strictly  bound,  is  the 
natural  right  of  every  magistrate. 

In  France  the  Constitution  is  also  the  first  of  laws,  and  the 
judges  have  the  same  right  to  take  it  as  the  ground  of  their  de- 
cisions ;  but  were  they  to  exercise  diis  right,  they  must  perforce 
encroach  on  rights  more  sacred  than  their  own,  namely,  on  those 
of  society,  in  whose  name  they  are  acting.  In  this  case  the 
State-motive  clearly  prevails  over  the  motives  of  an  individual. 
In  America,  where  the  nation  can  always  reduce  its  magistrates 
to  obedience  by  changing  its  Constitution,  no  danger  of  diis  kind 
is  to  be  feared.  Upon  this  point  therefore  the  political  and  the 
logical  reason  agree,  and  the  people  as  well  as  the  jutlges  pre- 
serve their  privileges. 

Whenever  a  law  which  the  .judge  holds  to  be  unconstitutional 
is  argued  in  a  tribunal  of  the  United  States,  he  may  refuse  to 
admit  it  as  a  rule  ;  this  power  is  the  only  one  which  is  peculiar 
to  the  American  magistrate,  but  it  gi\  es  rise  to  immense  political 
influence.  Few  laws  can  escape  the  searching  analysis ;  for 
there  are  few  which  are  not  prejudicial  to  some  private  interest 
or  other,  and  none  which  nAiy  not  be  brought  before  a  court  of 

11 


In 


it 

•tl'  •  ,jl 

t 

if 


%m 


l'". 


82 


justice  by  the  choice  of  parties,  or  by  the  necessity  of  the  case. 
But  from  the  tiMic  that  a  jm\a;c  has  refused  to  apply  any  given 
law  in  a  case,  that  law  loses  a  portion  of  its  moral  sanction. 
The  persons  to  a\  hose  interest  it  is  prejudicial,  learn  that  means 
exist  of  evading-  its  authority ;  and  similar  suits  are  multiplied, 
until  it  becomes  powerless.  One  of  two  alternatives  must  then 
be  resorted  to  :  the  j)eoj)le  must  alter  the  constitution,  or  the 
legislature  must  repe;;l  die  law. 

The  political  power  which  the  Americans  have  entrusted  to 
their  courts  of  justice  is  therefore  immense  ;  but  the  evils  of  this 
power  are  considerably  diminished,  liy  the  obligation  which  has 
been  imposed  of  attacking  the  laws  tin  ough  the  courts  of  justice 
alone.  If  the  judge  had  been  empowered  to  contest  the  laws 
on  the  ground  of  theoretical  generalit-es ;  if  he  had  been  ena- 
bled to  open  an  attack  or  to  pass  a  censure  on  the  legislator,  he 
would  have  played  a  prominent  part  in  the  political  sphere  ;  and 
as  the  champion  or  the  antagonist  of  a  party,  he  would  have 
arrayed  tiie  liostile  passions  of  tlie  nation  in  the  conflict.  But 
when  a  judge  conte?  a  law,  applied  to  some  particular  case  in 
an  obscure  proceeding,  the  importance  of  his  attack  is  conceal- 
ed from  the  public  gaze ;  his  decision  bears  upon  the  interest  of 
an  individual,  and  if  die  law  is  slighted,  it  is  only  collaterally. 
Moreover,  although  it  be  censured,  it  is  not  abolished ;  its 
moral  fore*'  may  be  diminished,  but  its  cogency  is  by  no  means 
suspended ;  and  its  (inal  destruction  can  only  be  accomplished 
by  the  reiterated  attacks  of  judicial  functionaries.  It  will 
readily  be  understood  that  by  connecting  the  censureship  of  the 
laws  with  the  private  interests  of  members  of  the  community, 
and  by  intimately  nniting  the  prosecution  of  the  law  with  the 
prosecution  of  an  iiulivitlual,  the  legislation  is  protected  from 
wanton  assailants,  and  from  the  daily  aggressions  of  party-spirit. 
The  errors  of  the  legislator  are  exposed  whenever  dieir  evil  con- 
sequences are  most  felt ;  and  it  is  always  a  positive  and  appre- 
ciable fact  which  serves  as  the  basis  of  a  prosecution. 

I  am  inclined  to  believe  this  practice  of  the  American  courts 
to  be  at  once  the  most  favorable  to  liberty  as  well  as  to  public 
order.  If  the  judge  could  only  attack  the  legislator  openly  and 
directly,  he  would  sometimes  be  afraid  to  o])pose  any  resistance 
to  his  will ;  and  at  other  moments  party-spirit  might  encourage 
him  to  brave  it  every  day.  The  laws  would  consequently  be 
attacked  when  the  power  from  which  they  emanate  is  weak,  and 
obeyed  when  it  is  strong.  That  is  to  say,  when  it  would  be 
useful  to  respect  them,  they  would  be  contested  ;  and  when  it 


83 


would  be  easy  to  convert  them  into  an  instrument  of  oppression, 
they  would  be  respected.  But  tlie  American  .jndu;e  is  brought 
into  tlie  political  arena  independently  of  his  own  will.  He  only 
judges  the  law  because  he  is  obliged  to  judge  a  case.  The  po- 
litical question  which  he  is  called  upon  to  resolve  is  connected 
with  the  uUerest  of  the  parties,  and  he  cannot  refuse  to  decide  it 
without  abdicating  the  (hities  of  his  post.  lie  performs  his  func- 
tions as  a  citizen  by  fidfdling  the  stri(;t  duties  which  belong  to 
his  profession  as  a  magistrate.  It  is  true  that  upon  this  system 
the  judicial  censureship  which  is  exercised  by  tlie  courts  of  jus- 
tice over  the  legislation  cannot  extend  to  all  laws  in(Ustinctly,  in 
as  much  as  some  of  them  can  never  give  rise  to  that  precise  spe- 
cies of  contestation  which  is  termed  a  lawsuit ;  anil  even  when 
such  a  contestation  is  possible,  it  may  happen  that  no  one  cares 
to  bring  it  before  a  court  of  justice.  The  Americans  have  often 
felt  this  disadvantage,  but  they  have  left  the  remedy  incomplete, 
lest  they  should  give  it  ellicacy  which  might  in  some  cases  prove 
dangerous.  Within  these  limits,  the  power  vested  in  the  Ame- 
rican courts  of  justice  of  jironouncing  a  statute  to  be  unconsti- 
tutional, lorms  one  of  the  most  powerful  barriers  ^^  hich  has  ever 
been  devised  against  the  tyranny  of  political  assemblies. 


\i 


in 


ige 
be 

uul 
be 
it 


OTHER   POWERS    GRANTED    TO    THE  AMERICAN   JUDGES. 

lu  the  United  States  all  the  citizens  liiive  the  rigiit  of  itidictina:  the  puhlic  fiinc- 
tioir.irics  Ix-foro  th(!  ordiiiary  tiiljiiuiis. — Hdw  tliey  use tliis right. — Art.  75  of 
the  All  VIII. — The  Aiuoricaiis  and  the  English  cannot  understand  the  pur^iort 
of  this  clanse. 

It  is  perfectly  natural  that  in  a  free  comitry  like  America  all  the 
citizens  should  have  the  right  of  indicting  public  functionaries 
before  the  ordinary  tribunals,  and  that  all  the  judges  should  have 
the  power  of  punishing  public  offences.  The  right  granted  to 
the  courts  of  justice  of  judging  the  agents  of  the  executive  gov- 
ernment, when  they  have  violated  the  laws,  is  so  natural  a  one 
that  it  cannot  be  looked  upon  as  an  extraordinary  privilege. 
Nor  do  the  springs  of  government  appear  to  me  to  be  weakened 
in  the  United  States  by  the  custom  \\  hich  renders  all  public  offi- 
cers responsible  to  thejudges  of  the  land.  The  Americans  seem, 
on  the  contrary,  to  have  increased  by  this  moans  that  respect 
wliich  is  due  to  the  authorities,  and  at  the  same  time  to  have 


If 

•5'    ,11 

if .  i 


84 

rendered  tliose  who  arc  in  power  more  scrupulous  of  olTendinp^ 
public  opinion.  I  was  struck  by  the  small  number  of  political 
trials  which  occur  in  the  United  States ;  but  I  have  no  difliculty 
in  accounting?  for  this  circumstance.  A  lawsuit,  of  whatever  na- 
ture it  may  be,  is  always  a  diflicult  and  expensive  undertaking. 
It  is  easy  to  attack  a  public  man  in  a  journal,  but  the  motives 
which  can  warrant  an  action  at  law  must  be  serious.  A  solid 
ground  of  com])laint  must  therefore  exist,  to  induce  an  indivi- 
dual to  prosecute  a  jiublic  oflicer,  and  public  oflicers  are  careful 
not  to  furnish  these  grounds  of  complaint,  when  they  are  afraid 
of  being  prosecuted. 

This  does  not  depend  upon  the  repuldican  form  of  the  Ameri- 
can institutions,  for  tiie  same  facts  present  themselves  in  Eng- 
land. These  two  nations  do  not  regard  the  impeachment  of  the 
principal  oflicers  of  State  as  a  suffwient  guarantee  of  their  inde- 
pendence. ]5ut  they  hold  that  the  right  of  minor  prosecutions, 
which  arc  within  the  reach  of  the  whole  community,  is  a  better 
pledge  of  freedom  than  those  great  judicial  actions  which  are 
rarely  employed  until  it  is  too  late. 

In  the  Middle  Ages,  when  it  was  very  difficult  to  overtake 
offenders,  the  judges  inflicted  the  most  dreadful  tortures  on  the 
few  who  were  arrested,  which  by  no  means  diminished  the  num- 
ber of  crimes.  It  has  since  been  discovered  that  when  justice 
is  more  certain  and  more  mild,  it  is  at  the  same  time  more  efli- 
cacious.  The  English  and  the  Americans  hold  that  tyranny  and 
oppression  are  to  be  treated  like  any  other  crime,  by  lessening 
the  penalty  and  faciliating  conviction. 

In  the  year  VIII.  of  the  French  Republic,  a  constitution  was 
drawn  up  in  which  the  following  clause  was  introduced  :  "  Art. 
75.  All  the  agents  of  the  Government  below  the  rank  of  min- 
isters can  only  be  prosecuted  for  oU'ences  relating  to  their  several 
functions  by  virtue  of  a  decree  of  the  Conseil  d'Etat ;  in  ^^  hich 
case  the  ju'osccution  takes  place  before  the  ordinary  tribunals." 
This  clause  survived  the  "  Constitution  de  I'An  Vlll.,"  ami  it  is 
still  maintained  in  s})ite  of  the  just  complaints  of  the  nation.  I 
have  always  found  the  utmost  difliculty  in  cxj)laining  its  meaning 
to  Englishmen  or  Americans.  They  were  at  once  led  to  con- 
clude that  the  Conseil  d'Jkat  in  France  was  a  great  tribunal, 
established  in  the  centre  of  the  kingdom,  which  exercised  a  pre- 
liminary and  somewhat  tyrannical  jurisdiction  in  all  political 
causes.  But  when  I  told  them  that  the  Conseil  d'Etat  was  not 
a  judicial  body,  in  the  common  sense  of  the  term,  but  an  admin- 
istrative council  composed  of  men  dependent  on  the  Crown,-^ 


85 


so  that  the  Kincf,  after  havintj  ordered  one  of  liis  servants,  called 
a  Prefect,  to  commit  an  injustice,  has  the  power  of  coininandin|;^ 
another  of  his  servants,  called  a  Councillor  of  State,  to  prevent 
the  former  from  heini:;  punished, — uhen  I  demonstrated  to  them 
that  the  citizen  who  had  heen  injured  by  the  order  of  the  sove- 
reign is  ohlif^ed  to  solicit  from  the  sovereij:;n  pcnunission  to  obtain 
redress,  they  refused  to  crc'dit  so  llaij:rant  an  abuse,  ami  were 
tempted  to  accuse  me  of  falsehood  or  of  innorance.  It  fre- 
quently happened  before  the  Kevolution  that  a  Parliament  issued 
a  warrant  airainst  a  public  oflicer  who  had  committed  an  ofl'ence  ; 
and  sometimes  the  j)roceedinti:;s  were  annulled  by  the?  authority 
of  the  ('rown.  Despotism  then  displayed  itself  openly,  and  obe- 
dience w as  extorted  by  force.  We  have  then  retro!i,raded  from 
the'  point  which  our  forefathers  had  reached,  since  \\v  allow  thinf!;s 
to  pass  under  the  color  of  justice  and  the  sanction  of  the  law, 
wh'ch  violence  alone  couUl  impose  upon  them. 


In 


re- 
cal 
not 
lin- 


CHAPTER  VII. 


POLITICAL    JURISDICTION    I\    THE    UNITED    STATES. 

Definition  of  political  jiiri.-idictioii. — What  is  iiiulorslood  hy  political  jurisdiction 
in  France,  in  England,  and  in  tlio  United  Stales — In  America  the  political 
judge  can  only  pass  sentence  on  ])nl)li(;  ollicers. — He  niort!  I'recpieiitly  ))asses  a 
sentence  of  removal  from  otlice  than  a  penalty. — Political  jurisdiction  as  it  ex- 
ists in  the  United  Slates  is,  notwithstanding  its  mildness,  and  jjcrhaps  in  conse- 
quence of  tliut  mildness,  a  most  powerful  iujttnmient  in  the  hands  of  the 
majority. 

I  UNDERSTAND,  by  political  jurisdiction,  that  tem[)orary  rig'ht 
of  j)ronouncing  a  legal  decision  with  which  a  politii^al  body  may 
be  invested. 

In  absolute  governments  no  utility  can  accrue  from  the  intro- 
duction of  extraordinary  forms  of  procedure ;  the  prince,  in 
whose  name  an  offender  is  prosecuted,  is  as  much  the  sovereign 
of  the  courts  of  justice  as  of  every  thing  else,  and  the  idea  which 


If 

ISP 

f 


.1' 


1'" 
■I; 


I 


I 


(       i 


86 


is  entortaiiiod  ofliis  power  is  of  itself  a  stiinciont  socurity.  The 
only  tiling  lie  liiis  lo  (I'ar  is,  that  the  external  formalities  of  jns- 
tice  should  he  neiilc'tcd,  and  that  his  authority  shoidd  he  dis- 
honored, from  a  wish  to  render  it  more  ahsolute.  Hut  in  most 
free  countries,  in  whieh  the  majority  can  never  exercise  the  same 
intlueiu'e  u|)on  the  trihunals  as  an  ahsolute  monarch,  the  judicial 
power  has  occasionally  heen  vested  for  a  time  in  the  representa- 
tives of  society.  It  has  heen  thought  hetler  to  imroduce  a  tci.i- 
porary  confusion  hetween  the  I'unctions  of  the  dill'erent  authori- 
ties, than  to  violate  the  necessary  prlncij)le  of  the  unity  of  gov- 
ernment. 

En<jfland,  France,  and  the  United  States  have  estahlished  this 
political  jurisdiction  in  their  laws;  and  it  is  curious  to  examine 
the  diderent  use  which  these  three  ureat  nations  have  made  of  the 
principle.  In  Enuland  and  in  France  the  House  ol  Lords  and 
the  Chamhre  des  Pairs  constitute  the  highest  criminal  court  of 
their  respective  nations ;  and  although  they  do  not  hahitually 
try  all  political  ojiences,  they  are  competent  to  try  them  all. 
Another  political  hody  enjoys  the  right  of  imj)eachment  hefore 
the  House  of  Lords :  the  onh'  dillerence  which  exists  hetween 
the  two  conntrics  in  this  respect  is,  that  in  England  the  Com- 
mons may  impeach  w  homsoever  they  please  helore  the  Lords, 
whilst  in  France  the  Dejjuties  can  only  employ  this  mode  of 
prosecution  against  the  ministers  of  the  Crow  n. 

In  both  countries  the  Up})er  House  may  make  nse  of  all  the 
existing  penal  laws  of  the  nation  to  punish  the  delinquents. 

In  the  United  States,  as  well  as  in  Europe,  one  branch  of  the 
legislature  is  authorized  to  impeach,  and  another  to  judge :  the 
House  of  Representatives  arraigns  the  oll'ender,  and  the  Senate 
awards  his  sentence.  Hut  the  Senate  can  only  try  such  persons 
as  are  brought  before  it  by  the  House  of  Representatives,  and 
those  persons  must  belong  to  the  class  of  public  functionaries. 
Thus  the  jurisdiction  of  the  Senate  is  less  extensive  than  that  of 
the  Peers  of  France,  whilst  the  right  of  impeachment  by  the 
Representatives  is  more  general  than  that  of  the  Deputies.  Hut 
the  great  dillerence  which  exists  between  Europe  and  America 
is,  that  in  Europe  political  trihunals  are  empowered  to  inllict  all 
the  dispositions  of  the  j)enal  code,  whilst  in  America,  when  they 
have  deprived  the  oHender  of  his  ofiicial  rank,  and  have  declared 
him  incapable  of  filling  any  political  ollice  for  the  future,  their 
jurisdiction  tenninates  and  that  ol'  the  ordinary  tribunals  begins. 

Suppose,  for  instance,  that  the  President  of  the  United  States 
has  committed  the  crime  of  high  treason ;  the  House  of  Repre- 


witli  wl 


87 


sentutivos  Inipoiiclios  him,  nnd  tlio  Sonfite  dot^nidos  liiin ;  he 
must  tlu'ii  l)('  tried  hy  a  jury,  which  alone  vni\  deprive  him  of 
his  hherty  or  his  life.  This  iicciiriitely  ilhistriites  the  suhjcctwe 
jire  treatinf^'.  The  political  jurisdiction  which  is  established  by 
the  laws  ol'  Europe  is  intended  to  try  fi:reat  olli-nders,  whatever 
may  he  their  birth,  their  raidi,  or  their  powers  in  the  State; 
and  to  this  end  all  the  priviiey^es  of  the  <'oiu'ts  of  justice  are 
temporarily  extended  to  a  j;Teat  political  assembly.  The  lcfi;isla- 
lator  is  then  transformed  into  the  mai>'istrate ;  he  is  called  upon 
to  admit,  to  distinguish,  and  to  punish  the  olfence;  and  as  he 
(•\ercis«'s  all  the  authority  ni'  a  jud^c,  the  law  restricts  him  to 
the  observance  of  all  the  duties  of  that  bijuh  oHice,  and  of  all  the 
lormalities  of  justice.  When  a  public  functionary  is  impeached 
before  an  Euiilish  or  a  Freiuh  political  tribunal,  and  is  found 
tifuilty,  the  sentence  deprives  him  ipso /(tclo  of  his  functions,  and 
it  may  |)ronounce  him  to  be  incapable  ol  resuminu;  them  or  any 
others  lor  the  future.  Hut  in  this  case  the  political  interdict  is 
a  consequence  of  the  sentence,  ami  not  the  sentence  itself.  In 
Europe  the  sentence  of  a  political  tribunal  is  therefore  to  be  re- 
garded as  a  judicial  verdict,  rather  than  as  an  administrative 
measure.  In  the  United  States  the  contrary  takes  place ;  and 
althoufj^h  the  decision  of  the  Senate  is  judicial  in  its  form,  since 
the  Senators  are  obliijed  to  comply  with  the  practices  and  for- 
malities of  a  court  of  justice  ;  althouf;h  it  is  judicial  in  respect 
to  the  motivi'S  on  which  it  is  founded,  since  the  Senate  is  in 
ueneral  obliged  to  take  an  olllnce  at  connnon  law  as  the  basis 
of  its  sentence  ;  nevertheless  the  object  of  the  proceeding'  i& 
purely  administrative. 

If  it  had  been  the  intention  of  the  American  lep;islator  to  in- 
vest a  political  body  with  ^reat  judicial  authority,  its  action 
would  not  have  been  limited  to  the  circle  of  public  t'unctionaries, 
since  the  most  dangerous  enemii's  of  the  State,  may  be  in  the 
possession  of  no  lunctions  at  all ;  and  this  i-^  especially  true  in 
republics,  w here  p:nty  favor  is  the  lirst  of  audiorities,  and  where 
the  strength  of  many  a  leader  is  increased  by  his  exercisinia;  no 
legal  power.  If  it  had  beeii  the  intention  of  the  American  legis- 
lator to  give  society  the  means  of  repressing  State  oflbnces  by 
exemplary  punishment,  according  to  the  practice  of  ordinary 
justice,  the  resources  of  the  |)enal  code  would  all  I'.ave  been 
placed  at  the  disposal  of  the  political  tribunals.  I3ut  the  weapon 
with  which  they  are  entrusted  is  an  imperlect  one,  aiul  it  can 
never  reach  the  most  dangerous  olfenders  ;  since  men  who  aim 
at  the  entire  sub^  ersion  of  the  law  s  are  not  likely  to  murmur  at 
a  !»olitical  interdict. 


'^1 


4t  ^ 


it 


•a' 


•  ";  :) 


"I 


-'■ 

'        '■'■: 

88 

The  main  object  of  the  political  jurisdiction  which  obtains  in 
the  United  States  is,  therefore,  to  deprive  the  citizen  of  an  au- 
thority which  he  has  used  amiss,  and  to  prevent  him  from  ever 
acquiring'  it  auain.  This  is  evidently  an  administrative  measure 
sanctioned  In  the  formalities  of  a  judicial  investigatign.  In  this 
niatt(  r  the  Americtans  have  created  a  mixed  system  ;  they  have 
surrounded  the  act  w iiich  removes  a  public  functionary  with  the 
securities  of  a  political  trial;  and  they  have  (icprived  all  political 
condemnations  of  their  severest  penalties,  Every  link  of  the  sys- 
tem may  easily  be  traced  from  this  point ;  we  at  once  perceive  why 
the  American  constitutions  subject  all  the  civil  functionaries  to  the 
jurisdiction  of  the  Senate,  whilst  the  military,  whose  crimes  are 
nevertheless  more  formidable,  are  exempted  from  that  tribunal. 
In  the  civil  service  none  of  the  American  functionaries  can  be 
said  to  be  removealde  ;  the  places  w  hich  some  of  them  occupy 
are  inalienable,  and  the  others  derive  their  rights  from  a  power 
which  cannot  be  abrojjcated.  It  is  therefore  necesiary  to  try 
them  all  in  order  to  deprive  them  of  their  authority.  But  mili- 
tary oflicers  are  dej)endeut  on  the  chief  mauistrate  of  the  State, 
w  ho  is  himself  a  civil  limctionary  ;  and  the  decision  which  con- 
demns him  is  a  blow  upon  them  all. 

If  we  now  compare  the  American  and  European  systems,  we 
shall  meet  with  didercnces  no  less  strikinir  in  the  dillerent  ertects 
which  each  of  them  jiroduces  or  may  ])roduce.  In  France  and 
in  EnG:land  tlie  )uri>fhction  ot"  political  bodies  is  looked  upon  as 
an  extraordinary  resource,  which  is  only  to  be  employed  in. or- 
der to  rescue  society  li'om  un\\ontrd  danj:!:ers.  It  is  not  to  be 
denied  that  these  tribunals,  as  they  are  constituted  in  Europe, 
are  aj)t  to  violate  the  cojiservative  principle  of  the  balance  of 
power  in  the  State,  and  to  threaten  incessantly  the  lives  and 
liberties  of  the  subject.  The  same  political  jurisdiction  in  the 
United  States  is  only  indirectly  hostile  to  the  balance  of  power; 
it  caimot  menace  tiie  lives  of  the  citizens,  and  it  does  not  hover, 
as  in  Europe,  over  the  heads  of  the  conununity,  since  those  only 
who  have  beforehand  submitted  to  its  authority  upon  acceptinu; 
odice  are  exposed  to  its  severity.  It  is  at  the  same  time  less 
formidaI)le  and  less  efficacious;  indeed,  it  has  not  been  con- 
sidered by  the  legislators  of  the  United  States  as  a  remedy  ibr 
the  more  violent  evils  of  society,  but  as  an  ordinary  means  of 
conducting  the  government.  In  this  respect  it  j)robably  exer- 
cises more  real  inlluence  on  the  social  body  in  America  than  in 
liiirope.     We  must  not  be  misled  by  the  apparent  mildness  of 


# 


89 


llbr 


iii 
of 


the  American  legislation  in  all  that  relates  to  political  jurisdic- 
tion.    It  is  to  be  observed,  in  the  first  place,  that  in  the  United 
States  the  tribunal  which  passes  sentence  is  composed  of  the 
same  elements,  and  subject  to  the  same  influences,  as  the  body 
which  impeaches  the  ofl!ender,  and  that  this  uniformity  gives  an 
almost  irresistible  impulse  to  the  vindictive  passions  of  parties. 
11  political  judges  in  the  United  States  cannot  inflict  such  heavy 
penalties  as  those  of  Europe,  there  is  the  less  chance  of  their 
acquitting  a  prisoner ;  and  the  conviction,  if  it  is  less  formida- 
ble, is  more  certain.     The  principal  object  of  the  political  tri- 
bunals of  Europe  is  to  punish  the  oflcnder ;  the  purpose  of  those 
in  America  is  to  deprive  him  of  his  authority.     A  political  con- 
demnation in  the  United  States  may,  therefore,  be  looked  upon 
as  a  preventive  measure ;  and  there  is  no  reason  for  restricting 
the  judges  to  the  exact  definitions  of  criminal  law.     Nothing 
can  be  more  alarming  than  the  excessive  latitude  with  which 
political  oflcnces  are  described  in  the  laws  of  America.    Arti- 
cle II.  Section  iv.  of  the  Constitution  of  the  United  States  runs 
thus :  "  The  President,  Vice-President,  and  all  civil  officers  of 
the  United  States  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  and, 
misdemeanors^     Many  of  the  Constitutions  of  the  States  are 
even  less  explicit.     "  Public  officers,"  says  the  Constitution  of 
Massachusetts,*  "  shall  be  impeached  for  misconduct  or  mal- 
administration."    The  Constitution  oi  Virginia  declares  that  all 
the  civil  officers  who  shall  have  oflt'nded  against  the  State  by 
mal-administration,   corruption,  or  other   high  crimes,  may  be 
impeached  by  the  House  of  Delegates :  in  some  constitutions 
no  oflences  are  specifled,  in  order  to  subject  the  jjublic  func- 
tionaries to  an  uidimited  responsibility. t     iJut  I  will  venture 
to  artlrm,  tirat  it  is  ]>recisely  their  mildness  which  renders  die 
American  laws  most  formidable    in    this    respect.     We     have 
shown  that  in  Eurojic  the  removal  of  a  liuictionary   and  his 
political  interdiction  are  consetpiences  of  the  penalty  he  is  to 
undergo,  and  that  in  America  they  constitute  the  penalty  it- 
self.    The  result  is  that  \n  Europe  political  tribunals  are  in- 
vested with  rights  which  they  are  afraid  to  use,  and  that  the 
fear  of  punishing  too  much  hinders  thein  from  j)unisliing  at  all-. 
But  in  America  no  one  hesitates  to  inflict  a  })eiialty  from  which 
humanity  does  not  recoil.     To  condemn  a  political  opponent  to 
death,  in  order  to  deprive  him  of  his  power,  is  to  commit  what 

'  Chapter  1.  sect.  ii.  ^  8. 

t  See  the  Coustitiuions  of  lUi'ioig,  Maine,  Connecticut,  and  Georgia. 

12 


• 


II '« 

t 


t 
I 


)    • 


SBB 


'90 

all  the  world  would  execrate  as  a  horrible  assassination  ;  but  to 
declare  that  opponent  unworthy  to  exercise  that  authority,  to  de- 
prive him  of  it,  and  to  leave  him  uninjured  in  life  and  liberty, 
may  appear  to  be  the  fair  issue  of  the  struggle.  But  this  sen- 
tence, which  it  is  so  easy  to  pronounce,  is  not  the  less  fatally 
severe  to  the  majority  of  those  upon  whom  it  is  inflicted.  Great 
criminals  may  undoubtedly  brave  its  intangible  rigor,  but  ordina- 
ry offenders  will  dread  it  as  a  condemnation  which  destroys  their 
position  in  the  world,  casts  a  blight  upon  their  honor,  and  con- 
dems  them  to  a  shameful  inactivity  worse  than  death.  The  in- 
fluence exercised  in  the  United  States  upon  the  progress  of  so- 
ciety by  the  jurisdiction  of  political  bodies  may  not  appear  to  be 
formidable,  but  it  is  only  the  more  immense.  It  does  not  act 
directly  upon  the  governed,  but  it  renders  the  majority  more  ab- 
solute over  those  who  govern  ;  it  does  not  confer  an  unbounded 
authority  on  the  legislator  which  can  only  be  exerted  at  some  mo- 
mentous crisis,  but  it  establishes  a  temperate  and  regular  in- 
fluence, which  is  at  all  times  available.  If  the  power  is  decreased, 
it  can,  on  the  other  hand,  be  more  conveniently  employed,  and 
more  easily  abused.  By  preventing  political  tribunals  from  in- 
flicting judicial  punishments,  the  Americans  seem  to  have  eluded 
the  worst  consequences  of  legislative  tyranny,  rather  than 
tyranny  itself;  and  I  am  not  sure  that  political  jurisdiction,  as  it 
is  constituted  in  the  United  States,  is  not  the  most  formidable 
which  has  ever  been  placed  in  the  rude  grasp  of  a  popular  majori- 
ty. When  the  American  republics  begin  to  degenerate,  it  will  be 
easy  to  verify  the  truth  of  this  observation,  hy  remarking  whether 
the  nmnber  of  political  impeachments  augments.* 


CHAPTER  VIII. 


THE   FEDERAL   CONSTITUTIOIV. 


I  HAVE  hitherto  considered  each  State  as  a  separate  whole,  and 
I  have  explained  the  different  springs  which  the  people  sets  i» 

•  See  Appendix,  N. 


di 

motion,  and  the  different  means  of  action  which  it  employs. 
But  all  the  States  which  I  have  considered  as  independent  are 
forced  to  submit,  in  certain  cases,  to  the  supreme  authority  of 
the  Union.  The  time  is  now  come  for  me  to  examine  the  par- 
tial sovereignty  which  has  been  conceded  to  the  Union,  and  to 
cast  a  rapid  glance  over  the  Federal  Constitution.* 


HISTORY   OF   THE    FEDERAL    CONSTITUTION. 


Origin  of  the  first  Union. — Its  wcakneag. — Congress  appeals  to  the  constituent  au- 
thority.— Interval  of  two  years  between  tlie  appeal  and  the  promulgation  of 
the  new  CoHslitutiou. 

The  thirteen  colonies  which  simultaneously  threw  off  the  yoke 
of  England  towards  the  end  of  the  last  century,  professed,  as  I 
have  already  observed,  the  same  religion,  the  same  language, 
the  same  customs,  and  almost  the  same  laws ;  they  were  struggling 
against  a  common  enemy ;  and  these  reasons  were  sufliciently 
strong  to  unite  them  one  to  another,  and  to  consolidate  them 
into  one  nation.  But  as  each  of  them  had  enjoyed  a  separate 
existence,  and  a  government  within  its  own  control,  the  peculiar 
interests  ami  customs  which  resulted  from  this  system  were 
opposed  to  a  c()m|)act  and  intimate  union  ^^  Inch  would  have  ab- 
sorbed the  individiud  importance  of  each  in  the  general  impor- 
tance of  all.  Hence  arose  two  opposite  tendencies,  the  one 
promj)tiug  the  Anglo-Americans  to  unite,  the  other  to  divide 
their  strength.  As  long  as  the  war  with  the  mother-country 
lasted,  the  principle  of  union  was  kept  alive  by  necessity ;  and 
although  the  laws  which  constituted  it  were  defective,  the  com- 
mon tie  subsisted  in  sjjite  ol"  their  impefections.t  But  no  sooner 
was  peace  concluded  than  the  faults  of  the  legislation  became 
manifest,  and  the  State  seemed  to  be  suddenly  dissolved.  Each 
colony  became  an  indcpeiulent  republic,  and  assumed  an  ab- 
solute sovereignty.  Tiie  federal  government,  condenmed  to  im- 
potence by  its  constitution,  and  no  longer  sustained  by  die  pres- 
ence of  a  connnon  danger,  witnessed  the  outrages  offered  to  its 

*  iSee  tiie  Constitution  of  the  United  States. 

t  See  the  iirticU'H  of  tiic  first  confeder.ition  formed  in  1778.  This  constitution 
was  not  adopted  hy  all  the  Stales  until  1781.  See  also  the  analysis  given  of  thii 
constitution  ni  the  Federalist,  from  No.  15  to  No.  Si*^,  inclusive,  and  Story's '  Com- 
uieutaries  en  the  Constitution  of  the  United  States,'  pp.  85—1 15. 


•'i 


I 


•'I  ,11 

t 
.1' 


I 


1 


m 


fiag  by  the  threat  nations  of  Europe,  whilst  it  was  scarcely  able 
to  maintain  its  ground  against  the  Indian  tribes,  and  to  pay  the 
interest  of  tJie  debt  wliich  had  been  contracted  during  the  War 
of  Independence.  It  was  already  on  the  verge  of  destruction, 
when  it  officially  proclaimed  its  inability  to  conduct  the  govern- 
ment, and  appealed  to  the  constituent  authority  of  the  nation.* 

If  America  ever  approaclued  (for  however  brief  a  time)  that 
lofty  pinnacle  of  glory  to  which  the  proud  fancy  of  its  inhabit- 
ants is  wont  to  point,  it  was  at  the  solemn  moment  at  which  the 
power  of  the  nation  abdicated,  as  it  were,  the  empire  of  die  land. 
All  ages  have  furnished  the  spectacle  of  a  people  struggling  with 
energy  to  win  its  independence  ;  and  the  efforts  of  the  Americans 
in  throwing  off  the  English  yoke  have  been  considerably  exagge- 
rated. Separated  from  their  enemies  by  three  thousand  miles  of 
ocean,  and  backed  by  a  powerful  ally,  the  success  of  the  United 
States  may  be  more  ju^ly  attributed  to  their  geograjjliical  posi- 
tion than  to  the  valot^  their  armies  or  the  patriotism  of  their 
citizens.  It  would  be  ridiculous  to  compare  the  American  war 
to  tlie  wars  of  the  French  Revolution,  or  the  efforts  of  the  Ame- 
ricans to  those  of  the  French,  who,  when  thev  were  attacked  by 
the  whole  of  Europe,  without  credit  and  without  allies,  were  still 
capable  of  opposing  a  tv\  entieth  part  of  their  population  to  their 
foes,  and  of  bearing  the  torch  of  revolution  beyond  their  frontiers 
whilst  they  stifled  its  devouring  flame  within  the  bosom  of  their 
country.  But  it  is  a  novelty  in  the  history  of  society  to  see  a  great 
people  turn  a  calm  and  scrutinizing  eye  upon  itself  when  apprized 
by  the  legislature  that  the  wheels  of  government  had  stopjied  ;  to 
see  it  carefully  examine  the  extent  of  the  evil,  and  patiently  wait 
for  two  \\liole  years  until  a  remedy  was  discovered,  which  it  vo- 
limtarily  adopted  without  having  wrung  a  tear  or  a  drop  of  blood 
from  niankind.  At  the  time  when  the  inadequacy  of  the  first  con- 
stitution was  discovered,  America  possessed  the  double  advantage 
of  that  calm  which  had  succeeded  the  effervescence  of  the  revolu- 
tion, and  of  those  trreat  men  who  had  led  the  revolution  to  a  suc- 
cessful issue.  The  assembly  which  accepted  the  task  of  composing 
the  second  constitution  was  small  ;t  but  George  Washiugton  was 
its  President,  and  it  contained  the  choicest  talents  and  the  nol)lest 
hearts  which  had  ever  a])})earcd  in  the  New  Vv^)rld.  This  national 
commission,  after  long  and  mature  deliberation,  offered  to  the  ac- 
ceptance of  the  people  tiie  body  ofgeieral  laws  which  still  rules  the 

*  Congrnss  made  this  declaration  on  the  21.st  of  Fch.  1787. 
\  It  cousi.-ited  of  fifty-five  ineniher.s  ;  Wasliington,  Madison,  Hamilton,  and  tlie 
two  Morrisjswere  nmongst  tlie  imiiiber. 


93 

Union.  All  the  States  adopted  It  successively.*  The  new  Fede- 
ral Government  commenced  its  functions  m  1789,  after  an  inter- 
regnum of  two  years.  Tlie  Revolution  of  America  terminated 
when  that  of  France  began. 


SUMMARY   OF    THE    FEDERAL    CONSTITUTION. 


Division  of  aiitliovity  between  tlie  Federal  Government  and  the  States. — The 
Government  of  the  States  is  the  rule  ; — the  Federal  Government  the  exception. 

The  first  question  which  awaited  the  Americans  was  intricate, 
and  b}  no  means  easy  of  solution  :  the  object  was  so  to  divide  the 
authority  of  the  different  States  which  composed  the  Union,  that 
each  of  them  should  continue  to  govern  itself  hi  all  that  concern- 
ed its  internal  prosperity,  whilst  the  entire  nation,  represented  by 
the  Union,  should  continue  to  form  a  com})act  body,  and  to  pro- 
vide for  the  general  exigencies  of  the  people.  It  was  as  impos- 
sible to  determine  beforehand,  with  any  degree  of  accuracy,  the 
share  of  authority  which  each  of  the  two  Governments  was  to 
enjoy,  as  to  foresee  all  the  incidents  in  the  existence  of  a  nation. 
The  obligations  and  the  claims  of  the  Federal  Government 
were  simple  and  easily  definable,  because  the  Union  had  been 
formed  with  the  express  purpose  of  meeting  the  general  exigen- 
cies of  the  peoj)le ;  but  the  claims  and  obligations  of  the  States 
were,  on  the  other  hand,  complicated  and  various,  because  those 
Governments  |)enetrated  into  all  the  details  of  social  life.  The 
attributes  of  tlie  Federal  Government  wiM'e  therefore  carefully 
enumerated,  and  all  that  was  not  inchuled  amongst  them  was 
declared  to  constitute  a  part  of  the  privileges  of  the  several  Gov- 
ernments of  the  States.  Thus  the  government  of  the  States 
remained  the  rule,  and  that  of  the  Confederation  became  the  ex- 
ception, t 

♦  It  was  not  adopted  by  tlio  Iceislativo  bodies,  but  representatives  were  elected 
by  the  people  for  this  sole  purpose;  and  the  new  constitution  was  discussed  at 
lenjith  Ml  each  of  these  asseiiiblics. 

t  See  tho  Amenduient  to  the  Fi  deral  Constituion  ;  Federalist,  No.  32.  Story, 
p.  711.     Kent's  ComiiieMtiiries,  vol.  i  p.  I'.Gt. 

It  is  to  be  observed,  that  whentiver  the  crrliisirr  right  of  regulatin;^  certain  mat- 
ters is  not  reserved  to  Coiifjress  by  the  Constitution,  the  States  may  take  up  tbo 
atl'air,  until  it  i.-.  brouf^ht  beibre  the  National  .Assembly.  For  instance,  Congress 
has  the  riirlit  of  makiiijj  a  geueral  law  on  bankruptcy,  which,  however,  it  neglecta 
to  do.  V.nch  State  is  then  at  liberty  to  make  a  law  for  itself.  This  point,  how- 
ever, has  been  established  by  discussion  in  the  law-courts,  and  may  be  said  to  be- 
long more  properly  to  jurisprudence. 


1    •!!■ 

i     •"! 

i      t 


II 


if 


'I 


t,         -» 


94 

But  as  it  was  foreseen  that,  in  practice,  questions  mi^ht  arise 
as  to  the  exact  limits  of  this  exceptional  authority,  and  that  it 
wouUl  be  dangerous  to  submit  these  questions  to  the  decision  of 
the  ordinary  courts  of  justice,  established  in  the  States  by  the 
States  themselves,  a  high  Federal  court  was  created,*  which 
was  destined,  amongst  other  fimctions,  to  maintain  the  balance 
of  power  which  had  been  established  by  the  Constitution  between 
the  two  rival  Governments.t 


PREROGATIVE    OF    THE    FEDERAL    GOVERNMENT. 

Power  of  declaring  war,  making  peace,  and  levying  general  taxes  vested  in  the 
Federal  (lovernment. — What  part  of  the  internal  policy  of  the  country  it  may 
direct  — Tlie  Government  of  the  Union  in  some  respects  more  central  than  the 
King's  Government  in  the  Old  French  monarchy. 

The  external  relations  of  a  people  may  be  compared  to  those 
of  private  individuals,  and  they  cannot  be  advantageously 
maintained  without  the  agency  of  the  single  head  of  a  Govern- 
ment. The  exclusive  right  of  making  peace  and  war,  of  con- 
cluding treaties  of  commerce,  of  raising  armies,  and  equipping 
fleets,  was  therefore  granted  to  the  Union.J  The  necessity  of 
a  national  Government  was  less  imperiously  felt  in  the  conduct 
of  the  internal  affairs  of  society  ;  but  there  are  certain  general 


*  The  action  of  this  court  is  indirect,  as  we  shall  hereafter  show. 

f  It  is  thus  that  tho  Federalist,  INo,  45,  explains  the  division  of  supremacy  be- 
tween the  Union  and  the  States.  "  Tho  powers  delegated  l)y  the  Constitution  to 
the  Federal  Government  are  few  and  defined.  Those  which  are  to  remain  in  the 
State  CJovernments  are  numerous  and  indefinite.  The  former  will  be  exercised 
principally  on  external  objects,  as  war,  peace,  negotiation,  and  foreign  commerce. 
The  powers  reserved  to  the  several  States  will  extend  to  all  the  objects  which,  in 
the  ordinary  course  of  aH'airs,  concern  the  internal  order  and  prosperity  of  the 
State  " 

I  shall  often  have  occasion  to  quote  the  Federalist  in  this  work.  When  the 
bill,  which  has  since  become  the  Constitution  of  the  United  States,  was  submitted 
to  the  approval  of  the  people,  and  the  discussions  were  still  pending,  three  men, 
who  had  already  ac;|uired  a  portion  of  that  celebrity  which  they  have  since  en- 
joyed, John  Jay,  Hamilton,  and  Madi.-ion,  formed  an  association  with  the  inten- 
tion of  explaining  to  the  nation  the  advantages  of  the  measure  which  was  pro- 
posed. W  ith  this  view  they  published  a  series  of  articles  in  the  shajie  of  a  journal, 
which  now  form  a  complete  treatise.  They  entitled  their  journal  '  The  Fede- 
ral St,'  a  name  which  has  been  retained  in  the  work.  The  Federalist  is  an  ex- 
cellent book,  which  ought  to  be  iinniliar  to  die  statesmen  of  all  countries,  ulth'uigh 
itesj)eciaHy  concerns  .America. 

t  See  Constitution,  sect  8.  Federalist,  Nos.  41  and  43.  Kent's  Commentaries, 
vol.  i.  p,  207.    Story,  pp.  356-3d2 ;  ibid.  pn.  409-426. 


the  U 


95 


interests  which  can  only  be  attended  to  with  advantage  by  a 
general  authority.  The  Union  was  invested  with  tlie  power 
of  controlling  the  monetary  system,  of  directing  the  post-office, 
and  of  opening  the  great  roads  which  were  to  establish  a  com- 
munication between  the  difierent  parts  of  the  country.*  The 
independence  of  the  Government  of  each  tt^tate  was  formally 
recognized  in  its  sphere  ;  nevertheless,  the  Federal  Govern- 
ment was  authorized  to  interfere  in  the  internal  allairs  of  the 
Statesf  in  a  few  predetermined  cases,  in  wiiich  an  indiscreet 
abuse  of  their  independence  might  compromise  the  security  of 
the  Union  at  large.  Thus,  whilst  the  power  of  modifying  and 
changing  their  legislation  at  pleasure  was  preserved  in  all  the 
republics,  they  were  forbidden  to  enact  ex  jwst  facto  laws,  or 
to  create  a  class  of  nobles  in  their  community.:}:  Lastly,  as  it 
was  necessary  that  the  Federal  Government  should  be  able  to 
fulfill  its  engagements,  it  was  endowed  with  an  unlimited  power 
of  levj'ing  taxes§ 

In  examining  the  balance  of  power  as  established  by  the 
Federal  Constitution  ;  in  remarking  on  the  one  hand  the  por- 
tion of  sovereignty  which  has  been  reserved  to  the  several 
States,  and  on  tlie  other  the  share  of  power  which  the  Union 
has  assumed,  it  is  evident  that  the  Federal  legislators  enter- 
tained the  clearest  and  most  accurate  notions  on  the  nature  of 
the  centralization  of  government.  The  United  States  form 
not  only  a  republic,  but  a  confederation ;  nevertheless  the  au- 
thority of  the  nation  is  more  central  than  it  was  in  several  of 
the  monarchies  of  Europe  when  the  American  Constitution 
was  formed.     Take,  for  instance,  the  two  following  examples. 

Thirteen  supreme  courts  of  justice  existed  in  France,  which 
generally  speaking,  had  the  right  of  interpreting  the  law  with- 
out appeal ;  and  those  provinces  were  styled  pai/s  d'  Efats,weve 
authorized  to  refuse  their  assent  to  an  impost  which  had  been 
levied  by  the  sovereign  who  represented  tiic  nation. 

In  the  Union  there  is  but  one  tribunal  to  interpret,  as  there 
is  one  legislature  to  make,  the  laws  ;  and  an  impost  voted  by 
the  representatives  of  the  nation  is  binding  upon  all  the  citizens. 

In  these  two  essential  points,  therefore,  the  Union  exercises 

*  Several  other  privileges  of  the  same  kind  exist,  such  as  that  which  empowers 
the  Union  to  lea;ish\te  on  bankruptcy,  to  grant  patents,  and  other  matters  in  which 
its  intervention  is  clearly  necessary. 

t  Even  in  these  cases  its  interference  is  indirect.  The  Union  interferes  by 
means  of  the  tribunals,  as  will  be  hereafter  sliovvn. 

t  F.sderal  Constitution,  sect.  10.  art.  1. 

^  Constitution,  sect.  8, 9,  and  10.  Federalist,  Nos.  30-36,  inclusive,  and  41-44. 
Kent's  Commentaries,  vol  i.  pp.  207  and  3dl.    Btory,  pp,  Z29  aad  5I4. 


I  .!| 


IS**""* 

* " ,    "I 


c 


%«>>'• 


I 


J.- 


h' 


96 

more  central  authority  than  the  French  monarchy  possessed, 
although  the  Union  is  only  an  assembla(;c  of  confederate  re- 
publics. 

In  Spain  certain  provinces  had  the  right  of  establishing  a 
system  of  custom-house  duties  peculiar  to  themselves,  although 
that  privilege  belongs,  by  its  very  nature,  to  the  national  sov- 
ereignty. In  America  the  Congress  alone  has  the  right  of 
regulating  the  commercial  relations  of  the  States.  The  gov- 
ernment of  the  Confederation  is  therefore  more  centralized  in 
this  respect  than  the  kingdom  of  Spain.  It  is  true  that  the 
power  of  the  Crown  in  France  or  in  Spain  was  always  able  to 
obtain  by  force  whatever  the  Constiution  of  the  country  denied, 
and  that  the  ultimate  result  was  consequently  the  same  ;  but  I 
am  here  discussing  the  theory  of  the  Constitution. 


FEDERAL   POWERS. 


After  having  settled  the  limits  within  w  hich  the  Federal  Gov- 
ernment was  to  act,  the  next  point  was  to  determine  the  powers 
which  it  was  to  exert. 


■■*. 


LEGISLATIVE  POWERS. 

Division  or  the  Legislative  Body  into  two  branches. — Diflerence  in  the  manner 
of  forming  the  two  Houses.— Tiie  principle  of  the  independence  of  the  States 
predominates  in  the  formation  of  the  Senate. — The  principle  of  the  sovereignty 
of  the  nation  in  the  composition  of  the  House  of  Kepresentatives. — Singular 
effects  of  the  act  that  a  Constitution  can  only  he  logical  in  the  early  stages  of 
a  nation. 


The  plai  which  had  been  laid  down  beforehand  for  the  Con- 
stitution of  the  several  States  was  followed,  in  many  points,  in 
the  organization  of  the  powers  of  the  Union.  The  Federal 
legislature  of  the  Union  was  composed  of  a  Senate  and  a  House 
of  Representatives.  A  spirit  of  conciliation  prescribed  the 
observance  of  distinct  principles  in  the  formation  of  each  of 
these  two  assemblies.    I  have  already  shown  that  two  contrary 


luse 


97 

interests  were  opposed  to  each  other  in  the  establishment  of  the 
Federal  Constitution.  These  two  Interests  had  given  rise  to 
two  opinions.  It  was  the  wish  of  one  party  to  convert  the 
Union  into  a  league  of  independent  States,  or  a  sort  of  con- 
gress, at  which  the  representatives  of  the  several  peoples  would 
meet  to  discuss  certain  points  of  their  common  interests.  The 
other  party  desired  to  unite  the  inhabitants  of  the  American 
colonies  into  one  sole  nation,  and  to  establish  a  (Jovernment, 
whicii  should  act  as  the  sole  representative  of  the  nation,  as  far 
as  tlie  limited  sphere  of  its  authority  would  permit.  The  prac- 
tical consequences  of  these  two  theories  were  exceedingly  dif- 
ferent. 

The  question  was,  whether  a  league  was  to  be  established 
instead  of  a  national  Government ;  whether  the  majority  of  the 
States,  instead  of  the  majority  of  the  inhabitants  of  the  Union, 
was  to  give  the  law  :  for  every  State,  the  small  as  well   as  the 
great,  then  retained   the  character  of  an  independent  power, 
and  entered  the  Union  upon  a  footing  of  perfect  equality.    If, 
on  the  contrary,  the  inhabitants  of  the  United  States  were  to 
be  considered  as  belonging  to  one  and  the  same  nation,  it  was 
natural  that  the  majority  of  the  citizens  of  the  Union  should 
prescribe  the  law.     Of  course  the  lesser  States  could  not  sub- 
scribe to  the  application  of  this  doctrine  without,  in  fact,  abdi- 
cating their  existence  in  relation  to  the  sovereignty  ofthoCon- 
fetleration  ;  since  ihcy  would  have  passed   from  the   condition 
a  co-equal  and  co-legislative  authority,  to  that  of  an  insignifi- 
cant fraction  of  a  great   people.     Tl)e  former   system   w  ould 
have   invested   them  with   an   excessive    authority,   the    latter 
would  have  annulled  their  inllucnce   altogether.      Under  these 
circumstances,  the  result  was,  that  the  strict  rules  of  logic  were 
evaded,  as  is  usually  the  case  when    interests   are   opposed  to 
arguments.     A  middle  course  was  hit  upon  by  the  legislators, 
which  brought  together  by  force  two   systems  theoretically  ir- 
reconcileable. 

The  principle  of  the  independence  of  the  States  prevailed  in 
the  formation  of  the  Senate,  and  that  of  the  sovereifriitv  of  the 
nation  predominated  in  the  composition  of  the  House  of  Re- 
presentatives. It  was  decided  that  each  State  should  send  two 
Senators  to  Congress,  and  a  number  of  IJcprescntalives  pro 
portioned  to  its  population.*     It  results  from  this  arrangement 

*  Every  ten  years  Congress  fixes  anew  tlio  iiuinlinr  of  representatives  wliicli 
each  State  is  to  furnish.  Tlie  total  number  was  G9  in  17t9,  and  210  in  lb33. 
(See  American  Ahnanac,  1834,  p.  194.) 

The  Constitution  decided  that  there  should  not  be  more  tlian  one  representa- 

13 


!  } 


Vl 


* 


4. 


98 

that  the  State  of  New  York  has  at  the  present  day  forty  Repre- 
sentatives, and  only  two  Senators  ;  tlie  State  of  Delaware  has 
two  Senators,  and  only  one  representative;  the  State  of  Dela- 
ware is  therefore  eqnal  to  the  State  of  New  York  in  the  Senate, 
whilst  the  latter  has  forty  times  the  inlluenco  of  the  former  in 
the  House  of  Representatives.  Thus,  if  the  minority  of  the 
nation  preponderates  in  the  Senate,  it  may  paralyse  the  de- 
cisions of  the  majority  represented  in  the  other  House,  which 
is  contrary  to  the  spirit  of  constitutional  fj^overnment. 

These  facts  show  how  rare  and  how  diilicult  it  is  rationally 
and  logically  to  combine  all  the  several  parts  of  legislation.  In 
the  course  of  time  difl'erent  interests  arise,  and  dillorent  princi- 
ples are  sanctioned  by  the  same  people  ;  and  when  a  general 
constitution  is  to  be  established,  those  interests  and  principles 
are  so  many  nttural  obstacles  to  the  rigorous  application  of 
any  political  system,  with  all  its  consequences.  The  early 
stages  of  national  existence  are  the  only  |)eriods  at  which  it  is 
possible  to  maintain  the  complete  logic  of  legislation  ;  and 
when  we  perceive  a  nation  in  the  enjoyment  of  this  advantage, 
before  we  hasten  to  conclude  that  it  is  wise,  we  should  do  well 
to  remember  that  it  is  young.  When  the  Federal  Constitution 
was  formed,  the  interest  of  independence  for  the  sej)arate  States, 
and  the  interest  of  Union  for  the  whole  people,  were  the  only 
two  conflicting  interests  which  existed  amongst  the  Anglo- 
Americans  ;  and  a  compromise  was  necessarily  made  between 
them. 

It  is,  however,  just  to  acknowledge  that  this  part  of  the 
Constitution  has  not  hitherto  produced  those  evils  which  might 
have  been  feared.  All  the  States  arc  young  and  contignous; 
their  customs,  their  ideas,  and  their  wants  are  not  dissimilar; 
and  the  differences  which  result  from  their  size  or  inferiority  do 
not  suffice  to  set  their  interests  at  variance.  The  small  States 
have  consequently  never  been  induced  to  league  themselves 
together  in  the  Senate  to  oppose  the  designs  of  the  larger  ones  ; 
and  indeed  there  is  so  irresistible  an  authority  in  the  legitimate 
expression  of  the  will  of  a  people,  that  the  Senate  could  offer 


t'lve  for  every  30,000  persons;  but  no  minimum  was  fixed  on.  The  Congress 
has  not  thought  fit  to  augment  the  number  of  representatives  in  proportion  to 
the  increase  of  population.  The  first  act  which  was  passed  on  the  subject  (Mtli 
of  April,  1792  :  see  Laws  of  the  United  States  by  Story,  vol.  i  p.  yiJf),)  decided 
that  there  should  be  one  representative  for  every  313  000  inhabitants.  Tlie  last 
Act,  which  was  passed  in  1832,  fixes  the  proportion  at  one  for  4^,000.  Tiic 
population  represented  is  composed  of  all  the  freemen  and  of  three-fifths  of  the 
slaves. 


99 


the 


les ; 
latc 
)fler 


Igrcss 
Ml  to 

;ihii 

:icle(l 

lust 
1  Tlie 
the 


but  a  feeble  opposition  to  the  vote  of  the  majority  of  the  House 
of  Representatives. 

It  must  not  be  forgotten,  on  the  other  hand,  that  it  was  not 
in  the  power  of  the  American  legislators  to  reduce  to  a  single 
nation  the  people  for  whom  they  were  making  laws.  The  ob- 
ject of  the  Federal  Constitution  was  not  to  destroy  the  inde- 
pendence of  the  States,  but  to  restrain  it.  By  acknowledging 
the  real  authority  of  these  secondary  communities,  (and  it  was 
impossible  to  deprive  them  of  it,)  they  disavowed  beforehand 
the  habitual  use  of  constraint  in  enforcing  the  decisions  of  the 
majority.  Upon  this  principle  the  introduction  of  the  inlluencc 
of  the  States  into  the  mechanism  of  the  Federal  CJovernmcnt 
was  by  no  means  to  be  wondered  at ;  since  it  only  attested  the 
existence  of  an  acknowledged  power,  which  was  to  be  Immored, 
and  not  forcibly  checked. 


A   FURTHER   DIFFERENCE    BETWEEN   THE    SENATE    AND   THE 
HOUSE    OF    REPRESENTATIVES. 

Tlio  Senate  named  by  the  provincial  legislators, — the  Representatives,  by  the 
people. — Double  election  of  the  former ; — single  election  of  the  latter. — Teruj 
of  tlie  ditlerent  ollices. — Peculiar  functions  of  each  House. 

The  Senate  not  only  dillers  from  the  other  House  in  the  prin- 
ciple which  it  represents,  but  also  in  the  mode  of  its  election, 
in  the  term  for  which  it  is  chosen,  and  in  the  nature  of  its  func- 
tions. The  House  of  Representatives  is  named  by  the  people, 
the  Senate  by  the  legislators  of  each  State ;  the  former  is  di- 
rectly elected,  the  latter  is  elected  by  an  elected  body  ;  the  term 
for  wliich  the  representatives  are  chosen  is  only  two  years,  that 
of  the  senators  is  six.  The  functions  of  the  House  of  Repre- 
sentatives are  purely  legislative,  and  the  only  share  it  takes  in 
the  judicial  power  is  in  the  impeachment  of  public  officers.  The 
Senate  co-operates  in  the  work  of  legislation,  and  tries  those 
political  offences  which  the  House  of  Representatives  submits 
to  its  decision.  It  also  acts  as  the  great  executive  council  of 
the  nation  ;  the  treaties  which  are  concluded  by  the  President 
must  be  ratified  by  the  Senate ;  and  the  appointments  he  may 
make  must  be  definitively  approved  by  the  same  body.* 

*  See  Tiie  Federalist,  Nos.  52— GC,  inclusive.  Story,  pp.  199—314.  Constitu- 
tiou  of  the  United  States,  sections  2  and  3. 


!'^. 


Vi' 


a  e  »*■««■ 

t 
V 


'I 


100 


THE    EXECUTIVE    POWER.* 

Dopciidonco  of  the  President. —  He  is  elective  mid  responsible. — Tie  is  free  to  net 
in  liis  own  spliere  under  the  inspeetion,  hut  not  nnder  the  ihrcctiou  of  the 
Scnuto. — IIIh  salury  lixcd  ut  his  entry  into  otlice. — Suspeiwivo  veto. 

The  American  legislators  undertook  a  tlinicult  task  in  attempt- 
ing to  create  an  executive  power  dependent  on  the  majority  of 
the  people,  and  nevertheless  sufliciently  strong  to  act  without 
restraint  in  its  own  sphere.  Jt  was  indispensable  to  the  main- 
tenance of  the  republican  form  of  goverment  tliat  the  represen- 
tative of  the  executive  power  should  be  subject  to  the  will  of  thr 
nation. 

Tlie  President  is  an  elective  magistrate.  His  honor,  his 
property,  his  liberty,  and  his  life  are  the  securities  which  the 
people  has  for  the  t(.'n)|)erate  use  of  his  |)ower.  liut  in  the  ex- 
ercise of  his  authority  he  cannot  be  said  to  l)i'  perfectly  indejjcn- 
dent ;  the  Genate  takes  cognizance  of  his  relations  withibreign 
powers,  and  of  the  distribution  of  public  appointments,  so  that 
he  can  neither  be  bribed,  nor  can  he  employ  the  means  of  cor- 
ruption. The  legislators  of  the  Union  acknowledged  that  the 
executive  j)ower  would  be  incompetent  to  fulfill  its  task  with 
dignity  and  utility,  unless  it  enjoyed  a  greater  degree  of  sta- 
bility and  of  strength  than  had  been  granted  it  in  tlie  seperate 
States. 

The  President  is  chosen  for  four  years,  and  he  may  be  re- 
elected ;  so  that  the  chances  of  a  prolonged  administration  may 
inspire  him  with  ho})eful  undertakings  for  the  public  good,  and 
with  the  means  of  carrying  them  into  execution.  The  Presi- 
dent was  made  the  sole  representative  of  the  executive  power 
of  the  Union  ;  and  care  was  taken  not  to  render  his  decisions 
subordinate  to  the  vote  of  a  coun -i',  —  a  dangerous  measure, 
which  tends  at  the  same  time  to  ciog  the  action  of  theCIovern- 
ment  and  to  diminish  its  responsibility.  The  Senate  has  the 
right  of  annulling  certain  acts  of  tlie  President  ;  but  it  cannot 
compel  him  to  take  any  steps,  nor  does  it  participate  in  the  ex- 
ercise of  the  executive  power. 

The  action  of  the  legislature  on  the  executive  power  may  be 

+  Sec  The  Federalist,  Nos.  G7— 77.     Constitution  of  the  U.  H.,  art.  2.  Story, 
p.  315,  pp.  515— 7f^0.    Kent's  CoinmemarieB,  p.  255. 


101 


rale 


csi- 
iver 
oiis 
ire, 
rn- 
tlie 
not 
cx- 


ilirect ;  and  wc  have  just  shown  that  the  Americans  carefully 
obviated  this  iniluencc  ;  but  it  may,  on  the  other  hand,  be  in- 
direct.    Public  assemblies  which  have  the  power  of  depriving 
an  oHicer  of  state  of  his  salary,  encroach  upon  his  independ- 
ence ;  and  as  they  are  free  to  muU(!  the  laws,  it  is  to  be  feared 
lest  they  should  fjjrachially  appropriate  to  themselves  a  portion 
of  that   authority  which   the  Constitution   had  vested  in   his 
hands.     Tlfu:  dependence  of  the  executive  power  is  one  of  the 
defects  inherent  in   republican  constitutions.     The  Americans 
have  not  been  able  to  counteract   the   tendency  wjiich  legisla- 
tive assemblies  have  to  get  possession  of  the  government,  but 
they  have  rendered  this  propensity  less  irresistible.     The  salary 
of  the  President  is  fixed,  at  the  time  of  his  entering  upon  office, 
for  the   whole  jjcriod    of  his  magistracy.     The   President   is 
moreover  provided  with  a  suspensive  veto,  which  allows  him  to 
oppose  the  passing  of  such  laws   as  might  destroy  the  portion 
of  independence    which   the  Constitution   awards    him.     The 
struggle  between  the  President  auc  the  legislature  must  always 
be  an  une(|ual  one,  since  the  latter  is  certain  of  bearing  down 
all   resistance  by  persevering  in  its  plans  ;  but   the   suspensive 
veto  forces  it  at  least  to  reconsider  the  matter,  and,  if  the  mo- 
tion be  persisted  in,  it  must  then  be  backed   by   a  majority  of 
two-thirds  of  the   whole  house.     The  veto  is,  in  fact,  a  sort  of 
appeal    to   the   people.     The  execu.ive  power,  which,  Avithout 
this   security,  might  have  been  secre'.ly  o})pressed,  adopts  this 
means  of  pleading  its  cause  and  slating  its  motives.    But  if  the 
legislature  is  certain  of  overpowering  all   r<  distance  by  perse- 
vering in  its  plans,  I  reply,  that  in  the  constitutions  of  all  na- 
tions, of  whatever  kind  they  may  bo,  a   certain  point  exists  at 
which  the  legislator  is  obliged  to  liave  recourse   to   the  good 
sense  and  the  virtue  of  his  lt'llovv-citi7.ens.     This  point  is  more 
prominent  and  more  discoverable  in  republics,  whilst  it  is  more 
remote  and  more   carefullv   concealed   in   monarchies,  but  it 
always  exists  somewhere.     There  is  no  country  in  the  world  in 
which  everything  can  be  provided  for  by  the  laws,  or  in  which 
political  institutions  can  prove  a  substitute  for  common  sense 
and  public  morality. 


:v 


•5 

1    «  «> 

i    * 

.r 


,l'i 


1 


1 
I 


s  ■ 


102 


DIFFERENCE  BETWEEN  THE  POSITION  OF  THE  PRESIDENT 
OF  THE  UNITED  STATES  AND  THAT  OF  A  CONSTITUTIONAL 
KING   OF    FRANCE. 

Executive  power  in  tlie  United  States  as  li-'itetl  and  as  partial  as  the  supremacy 
which  it  represents. — FiXecutive  power  in  France  as  universal  astlie  supremacy 
it  represents. — The  King  a  branch  of  the  legishiture. — Tlie  President  the  mere 
executor  of  the  law. — Other  dill'erences  resulting  from  the  duration  of  the  two 
powers. — The  President  cneckcd  in  the  exercise  of  the  executive  authority. — 
The  King  independent  in  its  exercise. — Notwithstanding  tliese  discrepancies 
France  is  more  akin  to  a  republic  tiian  the  Union  to  a  monarchy. — Comparison 
of  the  number  of  public  oUicers  depending  upon  the  executive  power  in  the 
two  countries. 

The  executive  power  has  so  important  an  influence  on  t'le  desti- 
nies ofnations  that  I  a"!  inclined  to  pause  for  an  instant  at  this  por- 
tion of  my  subject,  in  order  more  clearly  to  explain  the  part  it 
sustains  in  America.  In  order  to  form  an  accurate  idea  of  the 
position  of  the  President  of  the  United  States,  it  may  not  be  ir- 
relevant to  compare  it  to  that  of  one  of  the  constitutional  kings 
of  Europe.  In  this  comparison  I  shall  pay  but  little  attention 
to  the  external  signs  of  power,  which  are  m  jre  apt  to  deceive 
the  eye  of  the  observer  than  to  guide  his  researches.  When  a 
monarchy  is  being  gradually  transformed  into  a  republic,  the 
executive  power  retains  ilie  titles,  liie  honors,  the  etiquette, 
and  even  the  funds  of  royalty  long  after  its  authority  has  disap- 
peared. Th'j  English,  after  having  cut  oft'  the  head  of  one 
king,  and  expelled  another  from  his  throne,  were  accustomed  to 
accost  the  successors  of  tliose  princes  upon  their  knees.  On 
the  other  hand,  when  a  republic  falls  under  the  sway  of  a  single 
individual,  the  demeanor  of  the  sovereign  is  simple  and  unpre- 
tending, as  if  his  authority  was  not  yet  paramount.  When  the 
emperors  exercised  an  unlimited  control  over  the  fortunes  and 
the  lives  of  their  fellow-citizens,  it  was  customary  to  call  them 
Cc'esar  in  conversation,  and  they  were  in  the  habit  of  supping 
without  formality  at  their  friends'  houses.  It  is  therefore  neces- 
sary to  look  below  the  surface. 

The  sovereignty  of  the  United  States  is  shared  between  the 
Union  and  the  States,  whilst  in  France  it  isinidivided  and  com- 
pact :  hence  arises  the  first  and  the  most  notable  diftercnce 
which  exists  between  the  President  of  the  [Jnited  States  and  the 
King  of  Franco.     In  the  United  States  the  executive  power  is 


103 


the 


ing 


Itlic 
)in- 
Incc 
Ithe 
|r  is 


as  '■  lited  and  partial  as  the  sovereignty  of  the  Union  in  whose 
nai.  it  acts  ;  in  France  it  is  as  universal  as  the  authority  of 
the  ctate.  The  Americans  have  a  federal,  and  the  French  a 
national  Government. 

This  first  cause  of  inferiority  results  from  the  nature  of  things, 
but  it  is  not  the  only  one  ;  the  second  in  importance  is  as  fol- 
lows :  Sovereignty  may  be  defined  to  be  the  right  of  making 
laws  :  in  France,  the  King  really  exercises  a  portion  of  the  sove- 
reign power,  since  the  laws  have  no  weight  till  he  has  given  his 
assent  to  them  ;  he  is  moreover  the  executor  of  all  they  ordain. 
The  President  is  also  the  executor  of  the  laws,  but  he  does  not 
really  co-operate  in  their  formation,  since  Aie  refusal  of  his  as- 
sent does  not  annul  them.  He  is  therefore  merely  to  be  consi- 
dered as  the  agent  of  the  sovereign  power.  But  not  only  does 
the  King  of  France  exercise  a  portion  of  the  sovereign  power, 
he  also  contributes  to  the  nomination  of  the  legislature,  which 
exercises  the  other  portion.  lie  has  the  privilege  of  appointing 
the  members  of  one  chamber,  and  of  dissolving  the  other  at 
his  pleasure ;  whereas  the  President  of  the  United  States  has 
>io  share  in  the  formation  of  the  legislative  body,  and  cannot 
dissolve  any  part  of  it.  The  King  has  the  same  right  of  bring- 
ing forward  measures  as  the  Chambers  ;  a  right  which  the 
President  does  not  possess.  The  King  is  represented  in  each 
assembly  by  his  ministers,  who  explain  his  intentions,  support 
his  oj)inions,  and  maintain  the  principles  of  the  Government. 
The  President  and  his  ministers  are  alike  excluded  from  Con- 
gress ;  so  that  his  influence  and  his  opinions  can  only  penetrate 
indirectly  into  that  great  body.  The  King  of  France  is  there- 
fore on  an  equal  footing  with  the  legislature,  which  can  no 
more  act  without  him,  than  he  can  without  it.  The  President 
exercises  an  authority  inferior  to,  and  depending  upon  that  of 
the  legislature. 

Even  in  the  exercise  of  the  executive  power,  properly  so 
called, — the  point  upon  which  his  position  seems  to  be  almost 
analogous  to  that  of  the  King  of  France, — the  President  labors 
under  several  causes  of  inferiority.  The  authority  of  the  King, 
in  France,  has,  in  the  first  place,  the  advantage  of  duration 
over  that  of  the  President :  and  durability  is  one  of  the  chief 
elements  of  strength  j  nothing  is  either  loved  or  feared  but 
what  is  likely  to  endure.  The  President  of  the  United  States 
is  a  magistrate  elected  for  four  years.  The  King,  in  France, 
is  an  he"?ditary  sovereign. 

In  the  exercise  of  the  executive  power  the  President  of  the 


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104 


United  States  is  constantly  subject  to  a  jealous  scrutiny.  He 
may  make,  but  lie  cannot  conclude,  a  treaty  ;  he  may  designate, 
but  he  cannot  appoint  a  public  officer.*  The  King  of  France 
is  absolute  in  the  sphere  of  the  executive  power. 

The  President  of  the  LTnited  States  is  responsible  for  his 
actions  ;  but  the  person  of  the  King  is  declared  inviolable  by 
the  French  Charter. 

Nevertheless,  the  supremacy  of  public  opinion  is  no  less 
above  the  head  of  the  one  than  of  the  other.  This  power  is 
less  definite,  less  evident,  and  less  sanctioned  by  the  laws  in 
France  than  in  America,  but  in  fact  it  exists.  In  America  it 
acts  by  elections  and  decrees  ;  in  France  it  proceeds  by  revolu- 
tions :  but  notwithstanding  the  difi'erent  constitutions  of  these 
two  countries,  public  opinion  is  the  predominant  authority  in 
both  of  them.  The  fundamental  principle  of  legislation — a 
principle  essentially  republican — is  the  same  in  both  countries, 
although  if.  consequences  may  be  dillerent,  and  its  results 
more  or  les?  extensive.  Whence  I  am  led  to  conclude,  that 
France  witli  its  King  is  nearer  akin  to  a  republic,  than  the 
Union  with  its  President  is  to  a  monarchy. 

In  whal  I  have  been  saying  I  have  only  touched  upon  the 
main  points  of  distinction  ;  and  if  1  could  have  entered  into 
details,  the  contrast  would  have  been  rendered  still  more 
striking. 

I  have  remarked  that  the  authority  of  the  J\esident  in  the 
United  States  is  only  exercised  within  the  limits  of  a  jiartial 
sovereignty,  wliilsi  that  of  the  King,  in  France,  is  undivided, 
I  might  have  gone  on  to  sluiw  that  the  p'.)wer  of  the  King's 
government  in  France  exceeds  its  natural  limits,  however  ex- 
tensive they  may  be,  and  penetrates  in  a  thousand  diO'erent 
ways  into  the  administration  of  private  interests.  Amongst 
the  exam|)les  of  this  influence  may  be  quoted  that  which  results 
from  the  great  number  of  public  functionaries,  who  all  derive 
their  appointments  from  the  ( Jovernment.  This  number  now 
exceeds  all  previous  limits ;  it  amounts  to  1")8,00(H  nominations, 
each  of  which '  may  be  considered  as  an    element  of  power. 


105 

The  President  of  the  United  i*^tates  has  not  the  exclusive  right 
of  niakinu;  any  public  appointments,  and  their  whole  number 
scarcely  exceeds  12,01)0.  * 


ACCIDENTAL  CAUSES  AVIITCII    IMAY  INCREASE  THE    INFLUENCE 

OF  THE  EXECUTIVE. 


External  socmity  of  the  Tallinn. — Army  of  six  thousand  men. — Few  ships. — The 
President  hiis  no  opportunity  of  exercising  his  great  prerogatives. — In  the  pic- 
rogatives  he  exercises  ho  is  wcalc. 

vF  the  executive  power  is  feebler  in  America  than  in  France, 
the  caus(.'  is  more  attributable  to  the  circumstances  than  to  the 
laws  o("  the  country. 

It  is  chiclly  in  its  foreign  relations  that  the  executive  power 
of  a  nation  is  called  upon  to  exert  its  skill  and  vigor.  1(^  the 
existence  of  the  Union  were  perpetually  threatened,  and  its  ci.Mef 
interests  were  in  daily  connexion  with  those  of  a  her  powerfnl 
nations,  the  executive  goverment  woidd  assume  an  increased 
importance  in  proportion  to  t'le  measures  expe  ted  of  it,  and 
those  which  it  would  carry  into  edect.  The  President  of  the 
United  tStates  is  the  commander-in-chief  of  the  army,  but  of  an 
army  composed  of  only  six  thousand  men  ;  he  commands  the 
Jleet,  but  the  ileet  reckons  but  lew  sail,  he  conducts  the  foreign 
ridations  of  the  Union,  but  the  United  States  are  a  nation  with- 
out neigh'jors.  Separated  from  the  rest  of  the  world  by  the 
Ocean,  and  too  weak  as  y(;t  to  aim  at  the  dominion  of  the  seas, 
they  have  no  enemies,  and  their  interests  rarely  come  into  con- 
tact svith  thos(»  of  any  other  nation  of  the  globe. 

'Vl'r  jiractlcal  part  of  a  (lovernment  must  not  be  ju;!ged  by 
t!:'  *'  .M-ry  of  its  constitution.  The  Presiilent  of  the  ITnited 
!>..  ■  is  n  the  posse-;;ion  of  almost  royal  jirerogatives,  which  h) 
has  n.-  poortunlty  of  exercising  ;  and  those  privik^ges  which  he 
can  at  present  use  are  very  circumscribed  :  the  laws  allow  him  to 
j)ossess  a  degree  of  inlluence  which  circumstances  do  not  permit 
liini  to  emj)loy. 

*  Tlii-;  nnmher  is  extracted  from  tlie  '  National  Calendar'  for  1?3;?.     The  Na- 
tional (.'alciidar  is  an  American  Almanac  which  conlaiti-  the  names  oi  all  the  I'ed- 
cial  ollicers. 
It  rcsiihs  Irom  tiiis  comparisoti  that  tlic  Kim;  nf  t' ranee  has  eleven  times  as 
■  my  placc-j  at  ins  ilispONul  as  ihe   J'rcsideni,  alihough  the  populalion  of  Fraujio 
'  not  much  iMon;  than  double  that  of  the  Union. 

11 


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106 

On  the  other  hand,  the  great  strength  of  the  royal  preroga- 
tive in  France  arises  from  circumstances  far  more  than  from 
the  laws.  There  the  executive  government  is  constantly  strug- 
gling against  prodigious  obstacles,  and  exerting  al!  its  energies 
to  repress  them  ;  so  that  it  increases  by  the  extent  of  its  achieve- 
ments, and  by  the  importance  of  the  events  it  controls,  without 
for  that  reason  modifying  its  constitution.  If  the  laws  had 
made  it  as  feeble  and  as  circumscribed  as  it  is  in  the  Union,  its 
influence  would  very  soon  become  much  greater. 


WHY  THE  PRESIDENT  OF  THE  Ui\ITED  STATES  DOES  NOT 
REQUIRE  TH!  '-^  ATORITY  OF  THE  TWO  HOUSES  IN  ORDER 
TO   CARRY   ON  GOVERNMENT. 

It  is  an  established  axiom  in  Europe  that  a  constitutional  King 
cannot  persevere  in  a  system  of  government  vvliich  is  opposed  by 
the  two  other  branches  of  the  legislature.  But  several  Presi- 
dents of  the  United  States  have  been  known  to  lose  the  major- 
ity in  the  legislative  body,  without  being  obliged  to  abandon 
the  supreme  power,  and  without  inflicting  a  serious  evil  upon 
society.  I  have  heard  this  fact  rpioted  as  an  instance  of  the  in- 
dependence and  power  of  the  executive  government  in  Ame- 
rica :  a  moment's  reflection  will  convince  us,  on  the  contrary, 
that  it  is  a  proof  of  its  extreme  weakness. 

A  King  in  Kurope  requires  the  support  of  the  IcgisI  'ure  to 
enable  him  to  perform  the  duties  in)posed  upon  him  by  the 
Constitution,  because  those  duties  are  enormous.  A  constitu- 
tional King  in  Eurof)C  is  not  merely  the  executor  of  the  law, 
but  the  execution  of  its  provisions  devolves  so  completely  upon 
him,  that  he  has  the  power  of  paralysing  its  influence  if  it  op- 
poses his  designs.  He  requires  the  assistance  of  the  legislative 
assemblies  to  make  the  law,  but  those  assemblies  stand  in  need 
of  his  aid  to  execute  it :  these  two  authorities  cannot  sid)sist 
without  each  other,  and  the  mechanism  of  government  is 
stopped  as  soon  as  they  are  at  variance. 

In  America  the  President  cannot  prevent  any  law  from  being 
passed,  nor  cati  he  evade  the  obligation  of  enforcing  it.  His 
sincere  and  zealous  co-operation  is  no  doubt  useful,  but  it  is 
not  indispensable  in  the  carrying  on  of  public  affairs.     All  his 


107 

important  acts  are  directly  or  indirectly  submitted  lo  the  legis- 
lature ;  and  where  he  is  independent  of  it  he  can  do  but  little. 
It  is  therefore  his  weakness,  and  not  his  power,  which  enables 
him  to  remain  in  opposition  to  Congress.  In  Europe,  harmony 
must  reign  between  the  Crown  and  the  other  branches  of  the 
legislature,  because  a  collision  between  them  may  prove  serious  ; 
in  America,  tliis  harmony  is  not  indispensable,  because  such  a 
collision  is  impossible. 


)SlSt 

is 

ling 

His 

is 

his 


ELECTION    OF    THE    PRESIDENT. 

Dangers  of  tlie  elective  system  increase  in  proportion  to  tlie  extent  of  the  pre- 
ro'^nUyp.. — Tiiis  s\>Uein  po->ibl'i  in  America  beciuise  no  povverftil  executive  au- 
thority is  rtMpiircil. —  Wlial  circnmstaiices  are  favorable  to  the  elective  system. — 
Wliy  the  elt'clioii  of  the  President  does  not  cause  a  deviation  from  the  princi- 
ple- of  the  (iovernment. — lutUienceof  the  election  of  the  President  on  second- 
ary functionaries. 

The  dangers  of  the  system  of  election  applied  to  the  head  of 
the  executive  government  of  a  great  people  have  been  suffi- 
ciently cxemplilicd  by  experience  and  by  history  ;  and  the 
remarks  1  am  about  to  make  refer  to  America  alone.  These 
dangers  may  bo  more  or  less  formidable  in  proportion  to  the 
place  which  the  executive  power  occupies,  and  to  the  import- 
ance it  possesses  in  thckState;  and  they  may  vary  according 
to  tlio  mode  of  election,  and  the  circumstances  in  which  the 
electors  are  placed.  The  most  weighty  argument  against  the 
election  of  a  chief  magistrate  is,  that  it  offers  so  splendid  a  lure 
to  private  ambition,  and  is  so  apt  to  inflame  men  in  the  pursuit 
of  power,  that  when  legitimate  means  are  wanting,  force  may 
not  nnfrc(juently  seize  what  right  denies. 

It  is  clear  that  the  greater  tlie  privileges  of  the  executive 
authority  are,  the  greater  is  the  temptation ;  the  more  the  am- 
bition of  the  candidates  is  excited,  the  more  warmly  are  their 
interests  espoused  by  a  throng  of  partisans  who  hope  to  share 
the  power  when  their  patron  has  won  the  prize.  The  dangers 
of  the  elective  system  increase,  therefore,  in  the  exact  ratio  ot 
the  induence  exercised  by  the  executive  power  in  the  aflairs 
of  J>tate.  The  revolutions  of  Poland  are  not  solely  attributable 
to  the  elective  system  in  general,  but  to  the  fact  that  the  elected 
magistrate  was  the  Jiead  of  a  powerful  monarchy.     Before  we 


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103 


can  (Hsniss  tlio  iibsoliilr  advantjii-os  of  the  olfctivo  s\ stem,  we 
iniist  make  prelimiiian  inr|iiiri("s  as  to  ulicther  the  neop-apliioal 
position,  the  laws,  the  liahits,  the  manners,  and  the  opinions  of 
the  people  auionii'st  whom  it  is  to  he  introdneed,  m  iil  iulmit  of 
theestahlishmentof  a  neakand  dependent exeentive  ^'overnment ; 
tor  to  atteDipt  to  render  the  representative  ol'the  State  a  jjowerlid 
sovereign  and  at  the  same  time  eleetivc,  is,  in  my  o))inioji,  to  enter- 
tain two  incompatible  designs.  To  reduce  hereditary  royalty  to 
theeondition  ol'an  elective  authority,  the  only  means  that  I  am  ac- 
quainted wltli  are  to  circumscrihe  its  s|)here  oi'actio)!  helbrehand, 
iiradually  to  illminish  its  prerogatives,  and  to  ac(nistom  the  peo- 
ple to  live  without  its  protection.  Nothini^,  however,  is  lurther 
Irom  the  desij^ns  of  the  republicans  of  Europe  than  this  course  : 
as  many  oi'themoidy  owe  their  hatred  of  tyranny  to  tlu  suli'er- 
inu's  which  they  have  personally  undergone,  the  extent  of  the 
executive  jlower  does  not  e\cit(^  their  hostility,  and  they  only 
attack  its  origin  w  ithout  jjcrceiving-  how  nearly  the  tv  o  things 
are  connected. 

Hitherto  no  citi/.en  has  shown  any  disposition  to  expose  his 
honolUnM  his  life  in  order  to  become  the  .('resident  oftlie  United 
States ;  because  the  power  of  that  ollicc  is  temporary,  limited, 
and  subordinate.  The  prize  of  fortune  must  be  great  to  encour- 
age adventurers  in  so  desperate  a  game.  iSO  candidate  has  as 
yet  been  able  to  arouse  the  dangerous  enthusiasm  or  the  pas- 
sionate sympathies  of  the  people  in  his  favor,  lor  the  very  sim- 
ple reason,  that  when  he  is  at  the  head  of  the  Government  he 
has  but  little  power,  but  little  wealth,  and  but  little  glory 
to  share  amongst  his  friends  ;  and  his  inlluence  in  the  State  is 
too  small  for  the  succij;;s  or  the  ruin  ol"  a  faction  to  depend  vipon 
the  elevation  of  an  individual  to  power. 

The  great  advantage  of  hereditary  monarchies  is  that  as  the 
private  interest  of  a  family  is  always  intimately  connected  with 
the  interests  of  the  State,  the  executive  government  is  never 
suspended  for  a  single  instant ;  and  if  the  affairs  of  a  monarchy 
are  not  better  conducted  tiu.'^  those  of  a  republic,  at  least  there 
is  always  some  one  to  conduct  them,  well  or  ill,  according  to 
his  capacit3\  In  elective  States,  on  the  contrary,  the  wheels  of 
government  cease  to  act,  as  it  were  of  their  own  accord,  at  the 
ajiproacli  of  an  election,  and  wen  for  some  time  jnvvious  to 
that  event.  The  laws  may  indeed  accelerate  the  operation  of 
the  election,  which  may  be  conducted  witJi  such  simplicity  and 
rapidity  that  the  seat  of  power  will  never  l)e  left  vacant ;  but, 
notwithstanding  these  precautions,  a  break  necessarily  occurs  in 
the  minds  of  the  people. 


109 


At  th(»  approach  of  an  election  the  head  of  the  executive  gov- 
ernment is  \\holly  occu])it'(l  hy  the  coniinj?  strufrj^lp  ;  his  future 
])lans  are  douhtfiil ;  he  can  undortaJu?  iiothinu'  new,  and  he  will 
oiily  prosecute  witli  indKiorence  those  designs  which  another 
will  periiaps  terniinate.  "I  am  so  near  die  time  of  my  retire- 
ment from  oliice,  "  said  Presiiient  JeHerson  on  the  21st  of  Janu- 
ary, 1801),  (six  weeks  before  the  election,)  "that  I  feel  no  passion, 
1  take  no  part,  1  express  no  sentiment,  it  appears  to  me  Just  to 
leave  to  my  successor  the  commenciMnent  ni'  those  measures 
which  lie  w  ill  liave  to  prosecute,  and  for  Avhich  lie  will  he  respon- 
sible." 

On  the  (Uher  liand,  the  eyes  of  the  nation  are  centred  on  a 
siniilc  poirit ;  al!  are  wiuchinii'  tlie  ijradual  birth  of  so  important 
an  evcMU.  Tlie  >\idor  the  iulluence  of  the  executive  ])Ower  ex- 
tends, the  i;'reater  and  ihe  more  neces>ary  is  its  constant  action, 
the  more  fatal  is  the  t<'rm  of  suspense  ;  and  a  nation  which  is 
accustomed  to  the  government,  or,  still  more,  one  used  to  the 
administrative  protection  of  a  ))owerl"'d  e\(H'utive  authority, 
woidd  be  infallil)ly  convulsed  by  an  election  of  this  kind.  In  the 
United  States  the  action  of  the  Government  may  be  slackened 
with  im})uuity,  bcciuise  it  is  always  weak  aiul  circumscribed. 

Ou(>  of  till'  priiuMpal  vices  of  the  elective  system  is  that  it 
alwavs  introduces  a  certain  deuree  of  instability  into  the  internal 
and  external  policy  o["  the  Slate,  liut  this  disadvantai;e  is  less 
sensibly  felt  if  tli;'  share  of  power  vested  in  the  elected  nia£>istrate 
is  small,  in  Home  the  j)riiK^iples  of  the  Government  underwent 
no  variation,  althon^h  the  Consvds  were  cliantj:ed  every  year, 
bec;ins(.^  t!i<'  Senate,  which  was  an  hereditary  assembly,  possessed 
the  direelJtm'  authorily.  If  the  elective  system  were  adopted  in 
Europe,  the  condition  ol"  nu)st  of  the  monarchical  States  would 
be  chanucd  at  vxvvy  new  election.  In  America  the  President 
exercises  a  certain  iiiHuence  on  State  allairs,  l)ut  he  does  not 
conduct  them  ;  the  preponderatintr  ))ower  is  vested  in  the  repre- 
sentatives of  th(^  wlu)!(,'  nation.  The  political  maxims  of  the 
comitry  depend  therel'on*  on  the  mass  of  the  people,  not  on  the 
President  alone;  and  conse(iuently  in  America  the  elective  sys- 
tem has  no  very  ])rejudicial  intluence  on  the  lixed  principles  of 
the  Government.  But  the  want  of  lixed  |)rinciples  is  an  evil  so 
inherent  in  the  elective  system,  that  it  is  still  extremely  percep- 
tible in  tlu;  narrow  sphere  to  which  the  authority  of  the  President 
extends. 

The;  Americans  have  admitted  that  the  head  of  the  executive 
power,  who  has  to  bear  the  whole  responsibility  of  the  duties  he 


m 
It 


^§»A^ 


1R. 


•) 


t 
I 


110 


!-A 


is  called  upon  to  fulfill,  ought  to  be  empowered  to  choose  his 
own  affcnts,  and  to  remove  them  at  pleasure :  the  lei^islative 
bodies  watcli  the  conduct  of  the  President  move  than  they  direct 
it.  The  consequence  of  this  arranpcement  is,  that  at  every  new 
election  the  fate  of  all  the  Federal  public  officers  is  in  suspense. 
Mr.  Quincy  Adams,  on  his  entry  into  office,  discharp;ed  the 
majority  of  the  individuals  who  had  been  appointed  by  his  pre- 
decessor :  and  I  am  not  aware  that  General  Jackson  allowed  a 
single  removeable  functionary  employed  in  the  Federal  service 
to  retain  his  place  beyond  the  first  year  which  succeeded  his 
election.  It  is  sometimes  made  a  subject  of  comj)laint,  that  in 
the  constitutional  monarchies  of  Europe  the  fate  of  the  humbler 
servants  of  an  Administration  depends  upon  that  of  the  minis- 
ters. But  in  elective  governments  this  evil  is  far  greater.  In 
a  constitutional  monarchy  successive  ministries  are  rapidly  form- 
ed ;  but  as  the  })rincipal  representative  of  the  execniive  power 
does  not  change,  the  spirit  of  innovation  is  kept  within  bounds  ; 
the  changes  which  take  place  are  in  the  details  rather  than  in  the 
principles  of  the  administrative  system :  but  to  substitute  one 
system  for  another,  as  is  done  in  America«every  four  years  by 
law,  is  to  cause  a  sort  of  revolution.  As  to  the  misfortunes 
which  may  fall  upon  individuals  in  consequence  of  this  state  of 
things,  it  must  be  allowed  that  the  uncertain  situation  of  the 
public  officers  is  less  fraught  with  evil  consequences  in  America 
than  elsewhere.  It  is  so  easy  to  acquire  an  indej)endent  position 
in  the  United  States,  that  the  public  officer  who  loses  his  place 
may  be  deprived  of  the  comforts  of  life,  but  not  of  the  means  of 
subsistence. 

I  remarked  at  the  beginning  of  this  chapter  that  the  dangers 
of  the  elective  system  applied  to  the  head  of  the  State,  are  aug- 
mented or  decreased  by  the  peculiar  circumstances  of  the  people 
which  adopts  it.  However  the  functions  of  the  executive  power 
may  be  restricted,  it  must  always  exercise  a  great  influence  upon 
the  foreign  policy  of  the  country,  for  a  negociation  cannot  be 
opened  or  successfully  carried  on  otherwise  than  by  a  single 
agent.  The  more  precarious  i»nd  die  more  perilous  the  position 
of  a  people  becomes,  die  more  absolute  is  die  want  of  a  fixed 
and  consistent  external  policy,  and  the  more  dangerous  does  the 
elective  system  of  the  chief  magistrate  become.  The  policy  of 
the  Americans  in  relation  to  the  whole  world  is  exceedingly 
simple  ;  and  it  may  almost  be  said  that  no  country  stands  in 
need  of  them,  nor  do  they  require  the  co-operation  of  any  other 
people.    Their  independence  is  never  threatened.    In  their 


Ill 


in 
lier 
leir 


present  condition,  therefore,  the  functions  of  the  executive  power 
are  no  less  limited  by  circuiiistunces  than  by  the  Inws ;  and  the 
President  may  frequently  change  his  line  of  policy  without  in- 
volving the  State  in  dililculty  or  destruction. 

Whatever  the  prerogatives  of  the  executive  power  may  lie, 
the  period  which  immediately  precedes  an  election,  and  the  mo- 
ment of  its  duration,  must  always  be  considered  as  a  national 
crisis  which  is  perilous  in  proportion  to  the  internal  embarrass- 
ments and  the  external  dangers  of  the  country.  Few  of  the  na- 
tions of  Europe  could  escnpe  the  calamities  of  anarchy  or  of 
conquest,  every  time  they  might  have  to  elect  a  new  sovereign. 
In  America  society  is  so  consthuted  that  it  can  stand  without  as- 
sistance upon  its  own  basis ;  nothing  is  to  be  feared  from  the 
pressure  of  external  dangers ;  and  the  election  of  the  President 
is  a  cause  of  agitation,  but  not  of  ruin. 


MODE  OF  ELECTION. 


Skill  of  the  American  logislatois  shown  in  the  mode  of  election  adopted  by  them. 
Creiition  of  a  speciii!  elt'ctoral  body. — Separate  votes  of  these  electors. — Case 
invviiichthe  Hoii.se  of  Representatives  i.s called  upon  to  choose  the  President. — 
Results  of  the  twelve  elections  which  have  taken  place  since  the  Constitution 
has  been  established. 

Besides  the  dangers  which  are  inherent  in  the  .system,  many 
other  diniculties  may  arise  from  the  mode  of  election,  which  may 
be  obviated  by  the  precaution  of  the  legislator.  When  a  peo- 
ple met  in  arms  on  some  public  spot  to  choose  its  head,  it  was 
exposed  to  all  the  chances  of  civil  war  resulting  from  so  martial 
a  mode  of  proceeding,  besides  the  dangers  of  the  elective  sys- 
tem in  itself.  The  Polish  laws,  which  subjected  the  election  of 
the  sovereign  to.the  veto  of  a  single  individual,  snggested  the 
murder  of  that  individual,  or  prepared  the  way  to  anarchy. 

In  the  examination  of  the  institutions,  and  the  political  as  well 
as  the  social  condition  of  the  United  States,  we  are  struck  by 
the  admirable  harmony  of  the  gifts  of  fortune  and  the  efforts  of 
man.  That  nation  possessed  two  of  the  main  causes  of  internal 
peace  ;  it  was  a  new  country,  but  it  was  inhabited  by  a  people 
grown  olil  in  the  exercise  of  freedom.  America  had  no  liostile 
neighbors  to  dread  ;  and  the  American  legislators,  profiting  by 
these  favorable  circumstances,  created  a  weak  and  subordinate 
executive  power,  which  could  without  danger  be  made  elective. 


Hi' 

•5'    '   ,VI 


112 

It  tluMi  oiilv  roinaiiif'd  Tor  tlicni  to  (lioosc  the  Irast  danyorous 
of  tlu'  various  iiiodcs  ol"  rlcctioii ;  and  the  nihs  which  they  laid 
down  upon  this  point  a(hniral)ly  (•oin|>l('!('  the  scciM'itit's  which 
the  i)h\si<"d  and  political  constiliition  of  the  country  already 
airordi'd.  Tluir  ohjcct  was  to  find  the  mode  of  (dcction  which 
would  Ix^st  c\|)n'ss  the  cliolcc  ol'  tin*  people  w  ith  (he  lea>t  pos- 
sihle  excitement  juid  suspense.  It  was  n(hni(te(l  in  the  (irst  place 
that  the  simple  majority  should  he  decisive  ;  hut  (he  diHiculty 
was  to  olXain  (his  majority  without  an  in(erval  of  delay  \vhich 
it  was  most  important  to  a\()id.  It  rarely  happens  (hat  an  indi- 
vidual can  at  once  collect  the  majority  of  (he  sufl'raii;es  of  a  jLfreat 
people;  and  this  didiculty  is  enhanced  in  a  re])ul)lic  ol'  confed- 
erate States,  where  local  inllnences  are  apt  to  pvenonderate. 
The  means  by  which  it  w as  ])rt»j)osed  to  ohviate  this  second  ob- 
stacle was  to  deleii'ate  (he  electoral  powers  of  (he  na(ion  to  ;i 
body  of  repr(^s(Mitalives.  This  mode  ol'  election  rendered  a  nsa- 
jority  more  j)rol)al)ie  ;  for  the  ilnver  the  electors  are,  the  Ji'reater 
is  the  chance  of  their  c(nninijc  to  a  final  dciision.  It  alsoolfered 
an  additional  ])rol)al)iIity  of  a  jiulicious  choice.  It  thyn  remained 
to  be  decided  whether  this  riiilit  ol  election  was  to  be  I'utrusted 
to  the  leiiislatiNc  body,  the  h;!l)itual  represcntaiive  ass(>ml)ly  of 
the  nation,  or  whether  an  electoral  assen)l)ly  should  be  formed 
for  the  express  purpose  of  ])roceedini;'  to  the  iu)niination  of  a 
President.  The  Americans  chose  the  latt(  r  ;d(erna(ive,  I'rom  ;i 
belief  (hat  tli''  indi\  idiials  who  were  returned  t(<  mal\(>  the  laws 
were  incompetent  to  repres(>nt  the  wislies  of  the  jiatiou  in  the 
election  of  its  chief  mr.uistrate  ;  and  that  as  they  are  chosen  for 
more  than  a  vear,  the  constituency  the\  represented  miiiht  have 
chanirod  its  opinion  in  that  tim(>.  It  was  thouiiht  that  if  th(; 
leii'islature  was  empowered  to  elect  the  head  of  the  executive 
power,  its  menil)ers  would,  for  some  time  before  (he  eh'c(ion,  be 
exposed  to  the  mano'iivres  of  corru|)tion  and  the  tricks  of  in- 
triirue  ;  whereas  the  s])Ocial  electors  would,  like  a  jio'y,  remain 
mixed  up  w ith  the  crowd  till  the  di'y  of  action,  n hen  (liey  would 
aj)pear  for  the  sole  purpose  of  ^J:i^■in^J:;  their  vo(  's. 

It  was  therefore  esta])lished  that  every  S(a(e  lioidd  name  a 
certain  number  of  electors,*  who  in  their  tin*n  should  eh^ct  the 
President ;  and  as  it  had  been  observed  diat  the  assemblies  to 
which  the  (^hoice  of  a  chief  matristrate  had  been  entrusted  in 
eleftive  countries,  ine>ital)ly  hecame  the  centres  of  passion  and 
of  cabal ;  that  they  sometimes  usurped  an  authority  w  liicli  did 

*  As  inany  ;is  it  s:eiiil.-  p.icinbcrs  to  Conj;rcss.     The  iiuinlier  of  electors  at  the 
election  of  ld33  was  2c':r'.    (See  the  JNatioual  Caleiidiii',  1633.) 


113 


not  bcloufi,'  to  tlicin  ;  imd  tliiit  their  prococdiii^s,  or  the  uiircr- 
tMiiity  whiili  rcsiihcd  I'roin  thcin,  wci'c  somi'thncs  prolonyrd  so 
much  as  to  rii(!;uH.'.<'r  the  wcll'irc  oC  thr  State,  it  was  detfriiiiiied 
that  the  electors  should  all  vole  upon  the  sauie  day,  widiout  hc- 
iiiju:  convoked  to  the  same  place.*  This  douhle  eleclioii  ren- 
dered a  majority  jjrohahle,  thou'Ji  not  certain  ;  lor  it  was  pos- 
sible^ that  as  many  difii'rences  miij;ht  cAist  between  the  electors 
as  between  their  constituents.  In  this  case  it  was  necessary  to 
have  recourse  to  one  of  three  measures;  either  to  appoint  new 
<'lectors,  or  to  consult  a  second  ihnv  those  already  apj)ointe(l,  or 
to  delerthfMdection  to  another  authority.  The  (irst  two  of  those 
alternati^(^s,  inde|)endenlly  of  the  uncei'tainty  of  their  residts, 
were  likely  to  delay  the  final  decision,  and  to  |)erpetuate  an  agi- 
tation which  must  always  be  accompanied  with  dann'or.  The 
third  e\j)edient  was  therefore  adopted,  and  it  was  agreed  that 
the  votes  should  be  Iransniitted  S(>aled  to  the  ]*resident  of  the 
Senate,  and  that  they  should  be  opened  and  counted  in  the  pres- 
ence of  the  Senate  and  the  House  of  Kepresentali\es.  if  none 
of  the  candidates  has  a  majority,  the  Mouse  of  Keprespntativcs 
then  proceeds  immediately  to  elect  the  Presi(h<nt;  but  with  the 
condition  that  it  nuist  li\  ujion  one  of  the  tlnve  candidates  who 
have  the  hiiihest  inn>'''"r-.t 

Thus  it  is  only  in  case  of  an  event  v.liichcainiot  often  baj)})en, 
and  which  can  never  be  foreseen,  !hat  the  election  is  entrusted 
to  the  ordinary  representatives  of  t!i(>  iiution  ;  and  even  then  they 
are  obliiicd  to  choose  a  citizen  who  has  ah'cady  been  designated 
by  a  powcrt'ul  minority  of  the  special  el<M-lors.  It  is  by  this 
happy  expedient  that  the  respect  which  is  due  to  the  ])oj)ular 
voice  is  combined  with  the  utmost  celerity  of  execution  and  those 
pn'cautions  which  the  ])eacc  of  tlw  country  demands.  But  the 
decision  of  the  (juestion  by  the  House  of  j{  >pres<Mitatives  does 
not  ne<-es^arily  oll"er  an  immediate  solution  of  tlie  didicnlty,  for 
the  majorit\'  of  that  asscmlily  may  still  be  doubtful,  and  in  this 
case  the  Constitution  j)rescril)es  no  remedy.  Nevertheless,  by 
restricting  the  number  of  cmididates  to  three,  anil  by  referring 

*  Tlio  cleclorH  of  tlic  s;inio  Slate  assoiiililo,  but  tlicy  traiisiiiit  to  tlio  coiilral 
(iovcriiiiitMit  tli(!  list  of"  tlit.'ir  itiilividiial  sotcs,  ami  not  tlie  uicru  lesiilt  oi"  the  voto 
of  tile  inajority. 

t  111  tills  case  it  is  tlic  niiijority  of  tlio  States,  ami  not  tiie  nuijorily  of  tlie  mem- 
bers, which  decides  the  question  ;  so  that  New  Y'oik  has  not  more  iiilliience  iii 
the  debate  than  llhorle  Island.  Thus  the  citizens  of  tlie  l.'iiion  are  (%st  considted 
as  members  of  one  and  the  same  coimminity  ;  and,  if  tiny  caiim>*agriu'.  recourse 
is  had  to  the  division  of  the  States,  each  of  which  has  a  sc|):nate  and  indepoiKh'iit 
vote.  This  is  one  of  the  singularities  of  the  Federal  Con-jtitutiou  uliich  can  only 
be  explained  by  the  jar  of  contlicting  interests. 

15 


;*'* 


m 

J"!    1 


il 


.1' 


1 

'I 


I  t-l 


r. 


llio  iKtilti"-  toi'u'  iiuliiniciit  <>r!iM  cii'iiAlrKMM'i  jJiihrK-  liodv,  It  lia-: 
siiiotitlied  a!l  the  ob.sUifk.s*  wlikli  iu'cuol  inljeieui  Jii  tin.' cU'ctivr 

Ill  til,'  rt)rt\-l<'iir  vc!ir.«i  wliicli  Iiuvr  cl'.ip^fd  slncr  tlic  pronml- 
t>nti()ti  <>!'  llx'  l''«''l(r:il  ('oii'titiitioii,  the  I'lihtMl  Stales  liii\( 
twelve  times  cliKseu  a  l^nsid;  at.  Ten  dI"  tin  ••  eieetioiis  took 
nl:iee  siiiiidtniK Olisly  liy  the  Notes  ol"  llie  special  electors  ill  llie 
di/iereiit  Htates.  The  Mouse  of  Kejiresentatisry.  liiis  only  twice 
exorcised  its  conditional  privileiic  of  decidiiu.';  iii  cases  ottnicer- 
tair.ty  :  the  first  time  was  ;it  the  election  of  Mr.  Jelii-rson  in  1801 ; 
the  second  was  in  IS25,  when  iMr.  (-^nincy  Adiiins  was  nuniod. 


I 


CRISIS    OF    Tdi:    Er.Kf'TIO.V. 


'J'lic   EliM-tinii  111  IV  lie  '•(ni-ililcri'd   as  a  iiMtioiial  crisis.    -W'liv  ?  —  P'l 


i\'  Id, 


)lc.— Ai 


.'lectiui 


.'ly  ol  li 


l'i(;si(li!iil..— Calm  \vlm;ii  Mii;cecils  tlu;  a^iiulioii  of  tln: 


I  HAVE  shown  ^vhat  tlie  circumstances  ;ire  \ihl,h  llnored  the 
adoption  of  the  el(>ctive  syst.'in  in  the  United  States,  and  whai 
precautions  were  taken  hv  the  legislators  to  oiiviate  its  danuer!- 
Tile  Ainei'iiuiis  are  accustomed  to  all  kinds  of  elections;  aiii, 
they  kiiovt  by  e\|)ei'ieiice  the  iiCiio-l  (!ei;ree  of  exciteuient  which 
is  compatible  with,  seciirily.  'I'he  \iist  extent  o-'the  country  and 
the  dissemination  oi'  t!ie  inhabitants  render  a  coHlsion  between 
parties  less  j)robabIe  and  le.;s  dangerous  there  than  elsi  ■.viiere. 
The  pohtieid  circumstances  under  which  the  elections  have 
hitherto  b(  t-n  carried  on  havi'  [jresented  no  veal  embarrassments 
to  the  nation. 

Nevertheless,  the  epoch  ol'  the  election  of  a  President  of  the 
ITnited  States  may  l)e  considered  as  a  crisis  in  the  ailiilrs  ol'  the 
nation.  The  iiill-:eih c  NNJiich  1 
no  doubl  leei)!e  ar.d  iitdlri-ct ;   but  the  eltoice  of  i\\v   l*resident. 


le  exercises  on   Duhiic  hiismess  is 


UliiCll  ?s  ol 


liri'iioi-fiiice  !o  (  ;u'!i  iiidnidu 


d  cit 


r/en,  concerns 


I  be  i-'iiiv.ci!- '•<»!!;  r',i\  ii\  ;   and  h(t,\;'ver  iriiliiuv  ,ui  inlerest  ina\l)(^ 


II  a- 


ime 


'-il'i;!:  d'ur.'C  o|"  itupoitaui-e  as  stH)n 


;s  it  l»ec<im('s 


u;ii(  rai.      'i'he  I  *ii  -iil(  (it  no.sscsscs  bill,  lew  nvjaiis  of'  vewardlii; 


Us     --iipporit  l';«   !l!     <  0)|ip;il'l-(»ll    to  lllf     k!nt>,"s 


)f  1 


juropo,  1)1 


il  till 


.ft'fiVi'son,  ill  1^"! 


io(  ••!( 


CU'd  (Ull:l  tllr  I'ij'll  rillU-  o! 


|)i;»'(s  uhi'  h  tiro  nt  !ii^  ril-jpo^al  ;ii-.>  ••iiiiriciillv  niirii»M'r)i,>;  to  in- 
I('r.">t,  dir'-clK  ()!' liiilicccll  I ,  .cvrul  iiii.ii':;;i.i  iii'rlM|-s  in  lii-.  .n,-- 
rcss.  M'.)I^'(i^  (T  |)i»!ifi(;il  p;»rli('>.,  i,i  ;||,.  [  nili'il  Siiilc-  ,,■>  vxcll 
;»s  (^l-('\vli<  re,  ire  Icil  io  i;;ll\  roidul  ,ui  iii'lis  i'liiiii,  in  ordiT  \u 
iic(|iiiri'  n  mure  l;in'.'.ii)ic  s!i  »;)t'  in  iIh-  ryt--.  .i|  liic  crnwd.  :iiiil  'li*- 
iniiic  (»r  tli!'  ciiM'litl'i.'  llir  ill''  I'rc  >ii|i'iir\  i^  jki!  m-wiU'iI  iii  lli«! 
syiiil).')!  !i)i(l  j)('r>i)iiiii('!illun  ol'ili'ir  ilHoric-..  Fi.i"  v.k',(<  rciixins 
|);irtirs  MiN'  >trnii!i!\  Iiitcrr-trtl  in  !;MiiiiM!.''  ih"  cl.'iiion,  not  so 
Miiu'lj  wiiii  ;i  view  ,o  the  triumph  ol'  llicir  priiii-iplc*  niuicr  tin; 
jiiispiccs  of  the  Pivsldi'iit  fleeted,  its  to  -Iiou,  hy  tlie  in;t)oritv 
'v>!ii(  li  returned  liini,  tin;  strenuili  of  the  snpjjoriers  orihos(^  prin- 
eiplcs. 

For  n  loMU'  uliiK'  l)elore  the  uppoinli  d  li!n!>  is  ,it  leuid,  tiio 
election  heeonies  the  most  iniportiint  ;ni(l  the  idl-eie4rt)s>inn'  topic 
ol"  discussion.  The  ardor  ol"  (action  is  redoubled ;  and  all  the 
artilicial  passions  uhii-li  the  imai;ini»tion  can  create  in  the  hosoni 
ol"a  happy  and  |)eaeel"id  land  are  agitated  and  hroiii;iit  to  lij:,hl. 
The  president,  on  the  other  hand,  is  ahsorhed  hy  the  cures  of 
sell-delence.  lie  no  lonii'er  u'overn^  lor  the  interest  of  the  State, 
hnt  lor  that  of  his  re-electi(ni ;  he  do(>s  lioniaL^e  to  the  niajorlty, 
and  instead  of  ci.cckini;'  its  passions,  as  his  duty  eo)nniands  him  to 
do,  he  lre(jnenlly  eonrts  its  worst  caprices.  As  'le  election  draws 
near,  (he  acti\  ity  of  inlriiiiie  and  the  agitation  of  the  populace 
increase  ;  the  I'iti/.ens  are  di\  ided  into  several  camps,  each  of 
which  assumes  the  name  of  its  favorit(!  candidate  ;  the  whole 
nation  ^lows  w  ith  li'verish  excitenient  ;  the  election  is  the  daily 
theme  of  the  public  paj)ers,  the  subject  of  j)rivate  conversation, 
the  end  of  every  thoiii;'ht  and  excry  action,  the  sole  interest  of 
the  present.  As  soon  as  the  choice  is  deti'rmined,  this  ardor 
is  dispelled  ;  and  as  a  calmer  season  returns,  the  current  of  the 
State,  which  h  is  nearly  liroUen  its  baidvs,  sinks  to  its  usual  h^vel  : 
hut  wlu)  can  refrain  l"rom  astonishment  at  the  causes  ol'  the 
storm  f 


>-1 


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RE-ELECTION    OP    THE    PIIESIDEXT. 

Wl>en  t!ie  Iioiul  of  the  oxor.iUive  power  is  rc-olij;il)lc,  it  is  tlio  State  wliicli  is  tlie 
(iiirce  of  intrigue  iiiifi  corriiptioii — The  desire  uf  being  re-elected  the  cliief 
aim  of  ;i  Presiilciit  of  t!ie  I'liitecl  St;itc's. — Disadvantage  of  the  system  pecidiar 
to  America. — 'J'he  natural  evil  of  democracy  is  that  it  subordinates  all  aijtliorily 
to  the  slightest  desires  of  the  majority. — The  re-election  of  the  President  en- 
courages tills  evil. 


It  may  be  askod  whetlicr  the  loi;-is]:itors  of  the  United  States 
did  rifj:ht  or  wroiiii'iii  allowing-  tiu;  re-election  of  the  President. 
It  seems  at  first  sight  eontrtuy  to  all  reason  t('  prevent  the  head 
of  the  executive  power  from  being'  elected  a  second  time.  The 
influence  which  the  talents  and  the  charaiiC"  ;)f  a  single  indi- 
vidual may  exercise  upon  the  (ht(>  of  a  whole  people,  esjjecitdly 
in  critical  circimistaiicc \s  or  arduous  tlme^,  is  wvW  known  :  a  law 
preventing  the  re-election  of  the  chief  magistrate  would  deprive 
the  citizens  of  die  surest  pledge  of  theprosj)erity  and  the  security 
of  the  commonwealth  ;  and,  by  a  singidar  inconsistency,  a  man 
would  be  excluded  from  the  go\-ernment  at  the  very  time  when 
he  had  shown  his  ;d)ility  in  conducting  its  all'airs. 

But  ii"  these  arguments  -.nv.  strong",  |)ei'haj)s  still  more  power- 
ful reason^  may  be  advant  <h1  agtiinst  tli<'m.  Intrigue  aiul  lov- 
rnption  are  the  natiM'al  defecls  of  elective  irovermnent ;  but  when 
the  head  of  the  State  can  l)e  re-ele<'ted,  tlic^e  e\  ils  rise  to  a 
great  height,  aiul  compromise  tlie  wry  existence  of  the  country. 
When  !i  siiii])le  candidate  seeks  to  rise  by  iiitrigiie,  bis  ma- 
na'Mvres  must  necessarily  be  limitt^l  to  n  narrou  sphere;  but 
when  the  chief  mag i^tr;tt(>  «Mi(ers  the  lists,  he  borro\Ns  the  strength 
of  th(>  (Government  ibr  hU  own  |)ur;V!ses.  In  the  former  ctise 
the  feel)k>  resources  ol'an  individual  are  in  'action  ;  in  the  Ititter, 
the  State  itself,  with  all  its  i:"niense  indiuMU'e,  is  busied  in  the 
work  of  corruption  and  cahal.  The  ]n'ivate  citi/en,  who  em- 
plovs  die  mc)Nt  immocal  |)ractices  to  in'cpiire  ))ourr,  can  only  :u't 
in  a  manner  imiiri'ctly  ])r»;ju(l!cial  to  the  j)ublic  prosperity.  Hut 
if  the  representtitive  ol"  the  executive  descends  into  the  lists,  the 
cares  of  <!o^•ernment  dwindle  into  second-rate  iniportance,  and 
the  success  of  his  election  is  his  fn'st  concern.  All  laws  iind 
neirociation-^  are  then  to  him  notiiing  more  than  electioneering 
schemes;  placc'^  biM-ome  th"  r(>w;irfl  of  services  rendered,  not  to 
the  natioji,  but  to  its  chief;  imd  the  im'Inence  of  the  Gov(>rn- 


117 


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ment,  il'  not  injurious  to  the  country,  is  at  least  no  longer  bene- 
ficial to  the  community  for  Avhich  it  was  created. 

It  i-  impossible  to  consider  the  ordinary  course  of  aflairs  in 
the  United  States  without  perceivinu:  that  the  desire  of  bein|2:  re- 
elected is  the  chief  aim  of  the  Pre^id('nt ;  that  his  whole  admin- 
istration, and  even  his  most  indiUcrent  measures,  tend  to  this  ob- 
ject ;  and  that,  as  the  crisis  approaches,  his  personal  interest 
takes  the  place  of  his  interest  in  the  public  (jfood.  The  principle 
of  rc-eli,u:ibility  renders  the  corrupt  iiiducnce  of  elective  irovern- 
ments  still  more  extensive  and  pernicious.  It  tends  to  detrrade 
the  })olitical  morality  of  the  people,  and  to  substitute  adroitness 
for  patriotism. 

In  America  it  exercises  a  still  more  fatal  influence  on  the 
sources  of  national  existence.  Every  i^overnment  seems  to  be 
atllicted  by  some  evil  inherent  in  its  nature,  and  the  [genius  of 
the  l(\u;islator  is  shown  in  eludine;  its  attacks.  A  State  may  sur- 
vi\  e  the  influence  of  a  host  of  bad  laws,  and  the  mischief  they 
cause  is  frequently  exaiii-erated  ;  l.Hit  a  law  which  encourages 
the  growlli  of  the  cank  'r  within  must  prove  fatal  in  <he  end,  al- 
thouiih  its  bad  c()nse(|uenc(s  may  not  be  immediately  perceived. 

The  j)rincij)le  of  destniction  iu  absolute  monarchies  lies  in  the 
excessive  and  unreasonnble  extension  of  the  prertiiiative  of  the 
Crown  ;  and  a  measure  tending  to  remove  the  constitutional 
provisions  which  couiKcrbalance  this  influence  would  be  radical- 
ly bad,  even  if  its  coiise(|uenc('s  should  long  appear  to  be  imper- 
ceptible. ]J\  a  |)arity  of  reasoning,  in  countri(>s  go\eriiedby  a, 
democracy,  where  the  people  is])erpctually  draA\ing  ail  authority 
to  itself,  the  laws  which  increase  or  accelerate  its  action  are  the 
direct  assailants  of  the  ve  ,  ])rinciple  of  the  Coverninenf. 

The  greatest  prool'  of  the  al)ility  of  the  American  legislators 
is,  that  they  clearly  disceriKMl  this  truth,  and  that  they  had  the 
<'ourage  to  act  uj)  to  it.  They  conceived  that  a  ccn'tain  authority 
ahove  tli(>  body  of  tlie  people  was  necessary,  which  should  enjoy 
a  deu'rev>  of  independence,  without  howe^  er  being  entirely  be- 
yoml  the  popular  control ;  an  authority  \vhich  would  be  I'orced 
to  comply  with  ihc  pcnn<  in  rut  determiintions  of  the  niajoritx,  but . 
which  would  be  able  to  resist  its  cajirices,  and  to  'efuse  its  most 
dangerous  demands.  To  this  end  they  centr-  d  the  whole  ex- 
ecnti\e  power  (»f  (he  nation  in  a  single  arm  ;  they  granted  ex- 
tensive prerogatives  to  the  President,  and  tliey  armed  him  with 
the  veto  to  resist  the  encroachments  of  the  legislature. 

But  by  introducing  the  principle  of  re-election  they  partly 
destroyed  their  work  :  and  tliey  rendered   the   President  but 


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118 

liulc  inclined  to  exert  the  a^reat  power  tliry  liad  vested  In  his 
hands.  IfineligilWe  ii  second  time,  the  President  wouhl  he  Car 
from  indepenent  oCthe  peo[)le,  for  his  responsibility  woidd  not 
be  lessened  ;  bnt  the  Cavor  oi"  the  peoph*  woidd  not  be  so  ne- 
cessar}'  to  him  as  to  induce  him  to  court  it  bv  hnnioriiig-  its 
desires.  1("  re-eligible,  (and  this  is  more  especially  true  at  the 
present  day,  when  political  morality  is  I'elaxed,  and  when  great 
men  are  rare,)  the  President  of  the  United  States  becomes  an 
easy  tool  in  tl)e  hands  ol' the  niajority.  He  adoj)ts  its  likings 
and  its  anitnosities,  he  hastens  to  anticipate  its  wishes,  he  jore- 
stalls  its  complaints,  he  yields  to  lis  idlest  cravings,  and  instead 
of  gniding  it,  as  the  k-gisjature  intended  that  he  shoidd  do,  he 
is  ever  ready  to  follow  its  bidding,  'riins,  in  order  no'  to  deprive 
tlie  State  of  the  talents  of  an  individurJ,  those  talents  have  been 
rendered  almost  nseiess,  a:id  to  reserve  an  expedient  for  extra- 
ordinary perils  the  conntry  has  been  exposed  to  daily  dangers. 


FEDERAL  COURTS.* 

political  importaiico  of  tlio  indiciiirv  in  llie  T'liitod  Stiitos. — Dillioiilty  of  frontitiff 
tliis  subject. — Utility  of  jiidicial  power  in  confcdcnitioiis. — Wiiut  tnbnnals  conld 
be  introduced  into  the  (nion. — Aecessily  oi"  esliilili-l.io'r  ffderal  conrls  of  jns- 
lico. — Or<ranization  of  tlie  niilioniij  judiciary. — The  ."'nprenio  Court. — In  wlial 
it  dift'ers  from  all  known  tribunaLs.  , 

I  HAVE  inqnircd  into  the  legislative  and  executive  jiower  of  the 
Union,  and  the  judicial  power  now  remains  to  be  exi'Miine.i  ; 
l)ut  in  this  jilace  I  cannot  conceal  my  fears  Ironi  the  reader.  Ju- 
dicial institutions  (vxercise  a  great  iniliience  on  the  condition  of 
the  Anglo-Americans,  and  they  occupy  a  |)rominent  j)lace 
amongst  what  are  j)roperly  called  |)()iitic;d  institutions:  in  this 
respect  they  are  j)eculiarly  deserving  of  our  nttcniion.  J>ut  J 
am  at  loss  to  explain  (he  political  action  of  the  American  tribu- 
nals without  entering  into  some  teclniical  (h^tails  on  tlu  ir  Con- 
stitution ajid  their  ll)rnis  of  proceeding  ;  aiul  I  know  not  iiow  to 

"  See  Cliaplcr  VI.,  entitled  'Judicial  Power  in  the  United  States.'  Tiiisriinp- 
ter  explains  the  ([general  principles  of  tho  Aniorican  theory  of  judicial  institutioin. 
See  also  The  rc^dernl  Constitution,  Art.!!.  See  'I'iie  I'oderaiisi,  A'o-.  T>'— :-':.i, 
iuciusivc  :  and  a  \vorlc  entitled  '  (Jonstitnlional  Law.  lH;in<r  a  View  of  llie  Prac- 
tice and  Jurisdiction  of  the  Courts  of  tiie  United  .States,  by  Tlionias  Seri^eant.' 
See  Story,  pp.  i;U,  JW.  'M^,  ')!  1,  ."JHI,  (liJ-^ ;  and  the  organic  law  of  the '2  Itli  Sc()- 
teuiber,  17tfL>,  in  t'je  Collection  of  the  Laws  oJ'  the  United  States,  by  Story,  vol. 


1.  p.  5'ij. 


119 


iU'Si-oiid  to  tlii-sf  inimuitC  witho'.it  \vt'iii\inti,  the  (-"..losity  of  the 
reader  by  tlie  natural  aridity  of  the  subject,  or  without  risking" 
to  fall  into  ol)sci(rity  throu2;h  n  desire  to  be  succinct.  I  can 
scarcely  iiopc  to  escape  tliese  various  evils ;  for  if  I  appear  too 
lentitby  to  a  man  of  the  world,  a  lawyer  may  on  the  other  hand 
coiiij)l;;in  of  my  brevity.  But  these  are  the  natural  disadvan- 
taiies  of  my  sid))ect,  and  more  especially  of  the  point  which  I  am 
about  to  (Hscijss. 

The  areat  ditiiculty  was,  not  to  devise  the  Constitution  of  the 
Feder;d  (iovernnii'ut,  but  to  find  out  a  methotl  of  erjforcin^  its 
laws.  Covernments  hav(!  in  general  but  two  means  of  ovcr- 
cominjT  the  oj)position  of  the  people  they  govern,  viz.  the  phy- 
sical for<-e  which  Is  at  their  own  flisj)osa1,  and  the  moral  force 
wliich  they  derive  from  the  decisions  of  the  courts  of  justice. 

A  government  which  should  have  no  other  means  of  exacting' 
obedience  than  open  war,  must  be  very  near  its  ruin  ;  for  one  or 
two  alternatnes  would  then  probably  occur  :  if  its  authority  was 
small,  and  it-^  (  haracter  temperate,  It  woidd  not  resort  to  violence 
till  the  last  extremity,  and  It  would  connive  at  a  number  of  par- 
tial acts  ol'  insubordination.  In  which  ca>e  the  State  would  gra- 
dually lall  into  anarchy  ;  if  It  was  enterprising  aiul  j)Owerful,  it 
woulfl  per|)et(ially  lia\(>  recourse  to  its  physical  strength,  and 
would  speedily  degenerate  into  a.  military  despotism.  So  that 
its  acth  Ity  would  not  be  less  prejudicial  to  the  connnunlty  than 
its  Inaction. 

The  great  end  of  justice  is  to  substitute  the  notion  of  right 
lor  that  of  violence  ;  and  to  place  a  legal  barrier  between  the 
power  of  the  (iovernment  and  the  u^e  of  ])h\-ical  Ibrce.  The 
authority  which  is  awarded  to  the  lnterv(Mitli  if  a  <'ourt  of  jus- 
tice by  the  general  opinion  of  mankind  is  so  surprislngU' ureat, 
that  it  dinusto  tlu>  mere  I'ormalities  of  justice,  and  give-;  ;i  bodilv 
inlli'.(>nce  to  the  .shadow  of  the  law.  The  moral  force  \\)ilch 
(ourls  of  justice  possess  rende'.N  the  liUroduction  of"ph\sical 
ibrce  (>xceedlngiy  rare,  and  It  Is  very  fre([uently  substituted  (or 
it;  but  if  the  latter  proMs  to  be  indepeusable,  its  power  is 
douliled  by  tlu  association  of  the  idea  of  law. 

A  I'^ederal  (lOMM'iunent  staiuls  in  greater  n(>ed  of  the  support 
of  judicial  institutions  than  any  other,  because  it  is  naturally 
neak,  and  exposcvl  to  formidable  opposition.*     If  it  were  always 

*  I'cili'ivil  laws  iii'(!  tliosc!  wliicli  most  rt'(|Miro  coiiits  of  justice,  and  those  at  tlie 
saiiii-  liitio  'A  Inch  liavo  most  rarely  iv^tiilih-hrd  them.  The  reas  ii  is  tliat  coiifed- 
eiiiiioiis  have  usually  iieeii  ibniied  hy  mde|ii'ii(leiit  Stales,  which  entertained  no 
re  il  mii'iitioh  of  iheyiiiif  th(>  central  (iovennnent,  ami  which  verv  coadily  ceded 
t:ie.  li.^ht.  o|'  .•Din'i  iiid:n',f  to  ihe  Teileral  executive,  and  very  prudently  reserved 
•lie  iii^lu  of  iiuii  couipliaiKe  lu  iheiu.;elves. 


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120 

obli|?cd  to  resort  to  violence  in  the  first  instance,  it  could  not 
fulfill  its  task.  Tlic  Union,  tlierelbro,  required  a  national  judi- 
ciary to  enforce  tlie  obedience  of  the  citizens  to  the  laws,  and  to 
repel  the  attacks  which  might  be  directed  acjainst  them.  The 
question  then,  remained  as  to  what  tribunals  were  to  exercise 
these  priviletycs ;  were  they  to  be  entrusted  to  the  courts  of  Jus- 
tice which  were  already  orfn^anizcd  in  every  State  ?  or  was  it 
necessary  to  create  federal  courts  ?  It  may  easily  bo  proved 
that  the  Union  could  not  r  ipt  the  judicial  power  of  the  States 
to  its  wants.  The  separation  of  the  judiciary  from  the  admin- 
istrative power  of  die  State  no  doubt  affects  the  security  of  every 
citi/en,  and  the  liberty  of  all.  But  it  is  no  less  iuiportaiK  to  the 
existence  of  the  nation  that  these  several  powers  should  have  the 
same  orlirin,  should  lollow  the  same  ])rinclples,  and  act  in  thi^ 
same  sphere ;  in  a  word,  that  they  should  be  correlative  and 
homoireneous.  No  one,  1  presume,  ever  sutrgested  die  advan- 
taije  of  trying'  oiiences  committed  in  France,  by  a  foreign  court 
of  justice,  in  order  to  ensure  the  imj)artlality  of  th(>  Judges. 
Tiie  Americans  form  one  people  in  relation  to  their  Federal 
Government;  but  In  the  bosom  of  this  people  divers  ])o]itical 
bodies  have  beeii  allowed  to  subsist  wliich  are  dependent  on  the 
national  Government  in  a  It'w  |)oints,  and  iude[)en(lent  in  all  the 
rest — which  have  all  a  distinct  origin,  maxims  jx'culiar  to  them- 
selves, and  special  means  of  carrying  on  tlir-r  allairs.  To  en- 
trust too  execution  of  th<'  laws  of  the  Union  to  tribunals  insti- 
tuted by  these  j)olitical  bodies,  would  be  to  allow  (oreign  judges 
to  preside  over  the  nation.  Aay  more,  not  only  is  each  State 
foreign  to  the  Union  at  largi>,  but  it  is  in  perpetual  opposition  to 
the  common  interests,  since  whatcvin*  autliorlty  the  Union  loses 
turns  to  tiie  advantage  of  the  States.  Thus  to  enforce  the  laws 
of  the  Union  by  means  of  the  triljunals  of  the  States,  would  be 
to  allow  not  only  foreign,  but  partial  judges  to  preside  over  the 
nati(ui. 

Hut  the  number,  still  more  than  the  mere  character,  of  the 
tribunals  of  die  States  rindercd  them  unlit  lor  the  service  of  the 
nation.  A\  hen  the  Federal  Consthiitlon  was  formed,  there  were 
already  thirteen  courts  of  iusiice  in  the  United  States  which  de- 
cided  causes  without  ap})eal.  That  nunib(>r  is  now  increased  to 
twenty-four.  To  suppose  that  a  State  can  subsist,  w  hen  its  fun- 
damental laws  may  be  subjected  to  four-and-twcnty  didcrent  in- 
terjiretations  at  the  same  time,  is  to  advance  a  j)roposition  alike 
contrary  to  reason  and  to  experience. 

The  American  legislator;  therelt)re  agreed  to  create  a  federal 


131 


judiciary  power  to  apply  the  laws  of  the  Union,  and  to  determine 
certain  questions  affecting  general  interests,  which  were  carefully 
determined  beforehand.  The  entire  judicial  power  of  the  Union 
was  centred  in  one  tribunal,  which  was  denominated  the  Supreme 
Court  of  the  United  States.  But,  to  facilitate  the  expedition  of 
business,  inferior  courts  were  appended  to  it,  which  were  em- 
powered to  decide  causes  of  small  importance  without  appeal, 
and  with  appeal  causes  of  more  magnitude.  The  members  of 
the  Supreme  Court  are  named  neither  by  the  people  nor  the  le- 
gislature, but  by  the  President  of  the  United  States,  acting  with 
the  advice  of  the  Senate.  In  order  to  render  them  independent 
of  the  other  authorities,  their  office  was  made  inalienable  ;  and 
it  was  determined  that  their  salary,  when  once  fixed,  should  not 
be  altered  by  the  legislature.*  It  was  easy  to  proclaim  the 
principle  of  a  Federal  judicary,  but  difficulties  multiplied  when 
the  extent  of  its  jurisdiction  was  to  be  determined. 


MEANS  OF  DSTERMINING  THE  JURISDICTION  OF  THE  FEDERAL 

COURTS. 


4r   A 


Difficulty  of  (letcrmiiiing  tlio  jurisdiction  of  i^eparate  courts  of  justice  in  confed- 
eration.— Tlio  Courts  of 'lu!  I'nion  obtained  the  rijriit  of  fixing  their  own  juris- 
diction.— In  wiiat  respect  tiiln  rule  attacks  the  portion  of  sovrreijrnty  reserved  to 
tho  several  States. — The  .-•overeigntj'  of  these  States  restricted  by  the  laws,  and 
the  interpretation  of  the  1  iws. —  Consequently,  the  danger  of  tiie  several  States 
is  more  apparent  than  real. 

As  the  Constitution  of  the  United  States  recognised  two  distinct 
powers,  in  presence  of  each  other,  represented  in  a  judicial  point 

*  The  Union  was  divided  into  districts,  in  each  of  which  a  rerident  Federal 
judge  was  appointed,  and  the  court  in  which  he  presided  was  termed  a  '  District 
Court.'  Each  of  the  Judijes  of  the  Supremo  Court  annually  visits  a  certain  por- 
tion of  tiie  Itepuhlic,  in  order  to  try  the  most  iuiportimt  causes  upon  the  ppot : 
the  court  presided  over  by  this  magistrate  is  styled  a  '  Circuit  Coiirt.'  Lastly,  all 
the  most  serious  cases  of  litifjation  are  brought  before  the  Supreme  Court,  which 
holds  a  solemn  session  once  a  year,  at  whicb  all  tlie  judges  ot'  the  Ciiciiif  court.'' 
must  attend.  The  Juiy  was  introduced  nito  the  Federal  courts  in  the  same  Hian- 
ntr,  and  in  the  i-ame  cases  as  into  the  Courts  of  the  Statics. 

It  will  he  ob.served  that  no  analogy  exists  between  the  Supreme  Court  of  the 
United  States  and  the  Frencli  Cour  de  Cas.sation,  smce  llio  latter  only  hears  ap- 
peals. Till!  Supreme  Conit  decides  upon  the  evidence  nf  the  fict,  as  well  as 
upon  the  law  of  the  case,  v.  irjreas  the  Cour  de  Cassation  docs  not  pronounce  a 
decision  of  its  own,  but  refers  the  cause  to  the  urbitratu>u  of  another  tribunal. — 
See  the  law  of  the  21th  September,  1789,  Ltuvs  of  the  United  States,  by  Story, 
vol.  i.  p.  53. 

IG 


•  I*;  J 
J"    • 


1  i 


123 


of  view  by  two  distinct  classes  of  courts  of  justice,  the  utmost 
care  which  could  be  taken  in  defining  their  separate  jurisdic- 
tions would  have  been  insufficient  to  prevent  frequent  collisions 
between  those  tribunals.  The  question  then  arose,  to  whom  the 
right  of  deciding  the  competency  of  each  court  was  to  be  re- 
ferred. 

In  nations  which  constitute  a  single  body  politic,  when  a 
question  is  debated  between  two  courts  relating  to  their  mutual 
jurisdiction,  a  third  tribunal  is  generally  within  reach  to  decide 
the  difference ;  and  this  is  effected  without  difficulty,  because  in 
these  nations  the  questions  of  judicial  coir.pctency  have  no  con- 
nexion with  the  privileges  of  the  national  supremacy.  But  it 
was  impossible  to  create  an  arbiter  between  a  superior  court  of 
the  Union  and  the  superior  court  of  a  separate  State  which  would 
not  belong  to  one  of  these  two  classes.  It  was  therefore  neces- 
sary to  allow  one  of  these  courts  to  judge  its  own  cause,  and  to 
take  or  to  retain  cognizance  of  the  point  which  was  contested. 
To  grant  tbis  privilege  to  the  different  courts  of  the  States,  would 
ha^e  been  to  destroy  the  sovereignty  of  the  Union  do  factor,  after 
having  established  it  dejurc;  for  the  interpretation  of  the  Con- 
stitution would  soon  have  restored  that  portion  of  independence 
to  the  States  of  which  the  terms  of  that  act  depri^  ed  them. 
The  object  of  the  creation  of  a  Federal  tribunal  was  to  prevent 
the  courts  of  the  States  from  deciding  questions  affecting  the  na- 
tional interests  in  their  own  department,  and  so  to  form  a  uniform 
body  of  jurisprudence  for  the  intcr]n*ctation  of  the  laws  of  the 
Union.  This  end  would  not  have  been  accomplished  if  the 
courts  of  the  several  States  had  been  com|)etent  to  decide  upon 
cases  in  their  separate  cajiacities,  from  which  they  were  obliged 
to  abstain  as  Federal  tribunals.  The  Supreme  Court  of  the 
United  States  was  therefore  invested  ^^  idi  the  right  of  determin- 
ing all  questions  of  jurisdiction.* 

This  w  as  a  severe  blow  uj)on  the  independence  of  the  States, 
which  was  thus  restricted  not  only  by  the  laws,  but  by  the  inter- 
pretation of  them  ;  by  one  limit  which  was  known,  and  by  another 
which  was  dubious ;  by  a  rule  which  was  certain,  and  a  rule 
which  was  arbitrary.     It  is  true  the  Constitution  had  laid  down 

*  111  order  to  diminish  the  number  of  those  suits,  it  was  decided  that  in  a  great 
many  Federal  causes  the  courts  of  the  Slates  should  be  empowered  to  decide 
conjointly  with  those  of  the  Union,  the  losing  party  having  then  a  right  of  appeal 
to  the  Supreme  Court  of  the  United  States.  The  Supreme  Court  of  Virginia 
contested  the  right  of  the  Supreme  Court  of  the  United  States  to  Judge  an  ap- 
peal from  its  decisions,  but  unsuccessfully.  Sec  Kent's  Commentaries,  vol.  i.  p. 
^00,  I).  XiO,  it  nff/.;  Story's  Commentaries,  p.  (J46;  and  Tl 
United  Slates,  voh  i.  p.  35. 


The  Organic  Law  of  tlio 


123 

the  precise  limits  of  the  Federal  supremacy,  but  whenever  this 
supremacy  is  contested  by  one  of  the  States,  a  Federal  tribunal 
decides  the  question.  Nevertheless,  the  dangers  with  which 
the  independence  of  the  States  was  threatened  by  this  mode  of 
proceeding  are  less  serious  than  they  appeared  to  be.  We  shall 
see  hereafter  that  in  America  the  real  strengtli  of  the  country  is 
vested  in  the  provincial  lUr  more  than  in  the  Federal  Govern- 
ment. The  Federal  judges  are  conscious  of  the  relative  weak- 
ness of  the  power  in  whose  name  they  act,  and  they  are  more 
inclined  to  abandon  a  right  of  jurisdiction  in  cases  where  it  is 
justly  their  own,  tlian  to  assert  a  privilege  to  which  they  have 
no  leual  claim. 


DIFFERENT    CASES    OF   JURISDICTION. 

The  matter  and  the  party  are  the  first  conditions  of  the  Federal  jurisdiction. — 
Suits  ill  which  ambassadors  are  engaged. — Suits  of  tlie  Union. — Of  a  separate 
State. — By  vviiom  tried. — Causes  resulting  from  the  laws  of  the  Union. — Why 
judged  by  the  Federal  tribunals. — Causes  relating  to  tlie  non-performance  of 
contracts  tried  by  the  Federal  courts. — Consequences  of  this  arrangement. 

After  having  appoii.:od  tlie  means  of  fixing  the  competency  of 
the  Federal  courts,  the  legislators  of  the  Union  defined  the  cases 
which  should  coine  within  their  jurisdiction.  It  was  established, 
on  the  one  hand,  that  certain  parties  must  always  be  brought 
before  tlu;  Federal  courts,  without  any  regard  to  the  special  na- 
ture of  the  cause  ;  and,  on  the  other,  tliat  certain  causes  must 
always  be  brought  before  the  same  courts,  without  any  regard  to 
the  quality  of  the  parties  in  the  suit.  These  distinctions  were 
therefore  admitted  to  be  the  bases  of  the  Federal  jurisdiction. 

Ambassadors  are  the  representatives  of  nations  in  a  state  of 
amity  with  theJUnion,  and  whatever  concerns  these  personages 
concerns  in  some  degree  the  whole  Union.  When  an  ambassa- 
dor is  a  party  in  a  suit,  that  suit  all'ects  tlie  welfare  of  the  nation, 
and  a  Federal  tribimal  is  naturally  called  upon  to  decide  it. 

The  Union  itself  may  be  involved  in  legal  })roceedings,  and 
in  this  case  it  would  be  alike  contrary  to  the  customs  of  all  na- 
tions, and  to  common  sense,  to  appeal  to  a  tribunal  representing 
any  other  sovereignty  than  its  own ;  the  Federal  courts,  there- 
fore, take  cognizance  of  these  ali'airs. 

When  two  parties  belonging  to  two  dillerent  States  arc  en- 


5";  J 

*  i 


"fa 


lijif*'' 


f.." 


..  ,   ^ 


•  t:*, 


124 


f^aged  in  a  suit,  the  case  cannot  with  propriety  be  brought  be- 
fore a  court  of  eitlicr  State.  TJie  surest  expedient  is  to  select  a 
tribunal  like  that  of  the  Union,  which  can  excite  the  suspicions 
of  neither  party,  and  which  oilers  the  most  natural  as  welljas  the 
most  ccrtnin  remedy. 

When  the  two  parties  are  not  private  individuals,  but  States, 
an  important  political  consideration  is  added  to  the  same  motive 
of  equity.  The  quality  of  the  parties,  in  this  case,  gives  a  na- 
tional importance  to  all  their  disputes  ;  and  the  most  trifling 
litigation  of  the  States  may  be  said  to  involve  the  peace  of  the 
whole  Union.* 

The  nature  of  the  cause  frequently  prescribes  the  rule  of  com- 
petency. Thus  all  the  questions  which  concern  maritime  com- 
merce evidently  fall  mider  the  cogni/ance  of  the  Federal  tribu- 
nals.t  Almost  all  these  ({iiestions  are  coimected  witii  the  inter* 
prctation  of  the  law  of  nations ;  and  in  this  respect  they  essen- 
tially interest  the  Union  in  relation  to  foreign  powers.  More- 
over, as  the  sea  is  not  included  within  the  limits  of  any  peculiar 
jurisdiction,  the  national  courts  can  only  hear  causes  which 
originate  in  maritime  allhirs. 

The  Constitution  comprises  under  one  head  almost  all  the 
cases  which  by  their  very  nature  come  within  the  limits  of  the 
Federal  courts.  The  rule  which  it  laVs  down  is  simple,  but 
pregnant  with  an  entire  system  of  ideas,  and  with  a  vast  multi- 
tude of  facts.  It  declares  that  the  judicial  power  of  the  Supreme 
Court  shall  extend  to  all  cases  in  law  and  eijuity  drising  under 
the  laws  of  the  Unit  at  States. 

Two  examples  will  put  the  intentions  of  the  legislator  in  the 
clearest  light : 

The  Constitution  prohibits  the  States  from  making  laws  on 
the  value  and  circulation  of  money :  If,  notwithstanding  this 
prohibition,  a  State  passes  a  law  of  this  kind,  with  which  the  in- 
terested parties  refuse  to  comply 


•ause 


contn 


|)     I 


*  The  Constitution  also  pays  tliiit  tlip  Fcdoial  cnnrts  shall  decide  "  controVvT- 
sies  betwepiia  .State  and  tlio  ciiizt'iis  of  anollirr  State."  And  hero  a  inostinipor- 
tant  question  of  a  constitutional  natitro  arose,  which  was  whether  the  jurisdiction 
given  hy  tlie  Constitution  in  cases  in  which  a  Slate  is  a  party,  extenried  to  suits 
brought  iisrriinst.  n  State  as  well  as  liy  it,  or  was  exclusively  confined  to  the  latter. 
The  question  was  most  elaborately  considered  in  the  case  of  Chisholmc  v.  Gcorffia, 
and  was  decided  by  the  majority  of  the  Supreme  Court  in  the  alfirmativc.  The 
decision  created  penoral  alarm  among  the  States,  and  an  amendment  was  proposed 
and  ratified  by  which  the  power  was  entirely  taken  away  so  far  as  it  regards  suits 
brouglit  airainst  a  State,  See  Story's  Commentaries,  p,  C24,  or  iu  the  lar^-e  edi- 
tion 6  1677. 

t  As,  for  inatancc,  all  cases  of  piracy. 


'      W 


125 


stitution/the  case  must  come  before  a  Federal  Court,  because  it 
arises  under  the  laws  of  the  United  States.  Ac:ain,  it' difficulties 
arise  in  the  levvinj^  of  import  duties  which  have  been  voted  by 
Congress,  the  Federal  Court  must  decide  the  case,  because  it 
arises  under  the  interpretation  of  a  law  of  the  United  States. 

This  rule  is  in  perfect  accordance  with  the  fundamental  prin- 
ciples of  the  Federal  Constitution.  The  Union,  as  it  was  estab- 
lished in  1789,  possesses,  it  is  true,  a  limited  supremacy;  but  it 
was  intended  that  within  its  limits  it  should  form  one  and  the 
same  people.*  Within  those  limits  the  Union  is  sovereign. 
When  this  point  is  estal)lished  and  admitted,  the  inference  is 
easy  ;  for  if  it  be  acknowledged  that  the  United  States  constitute 
one  and  the  same  people  witiiin  the  bouiuls  prescril)ed  by  their 
Constitution,  it  is  impossible  to  refiise  them  the  rights  which  be- 
long to  other  nations.  l?ut  it  has  been  allowed,  from  the  origin 
of  society,  that  every  nation  has  the  right  of  deciding  by  its  own 
courts  those  qr.(^s(ions  wiiieh  concern  the  execution  of'  its  own 
laws.  To  this  it  is  answered,  that  the  Union  is  in  so  singular  a 
position,  that  in  relation  to  some  matters  it  constitutes  a  people, 
and  that  in  relation  to  all  the  rest  it  is  a  nonentity.  But  the  in- 
ference to  be  drawn  is,  that  in  the  laws  relating  to  these  matters 
the  Union  possesses  all  the  rights  of  absolute  sovereignty .  The 
difHculty  is  to  know  what  these  matters  arc  ;  and  when  once  it 
is  resolved,  (and  we  have  siiown  how  it  was  resolved,  in  speak- 
ing of  the  means  of  determining  the  jurisdiction  of  the  Federal 
courts,)  no  further  doubt  can  arise  ;  for  as  soon  as  it  is  establish- 
ed that  a  suit  is  Federal,  that  is  to  say,  that  It  belongs  to  the 
share  of  sovereignty  reserved  by  the  Constitution  to  the  Union, 
the  natural  conseciuencc  is  tliat  it  should  come  within  the  juris- 
diction of  a  Federal  court. 

Wiienevcr  the  laws  of  the  United  States  are  attacked,  or  when- 
ever they  are  resorted  to  in  self-defence,  the  Federal  courts  must 
be  appealed  to.  Tiuis  the  jurisdiction  of  the  tribunals  of  the 
Union  extends  and  narrows  its  limits  exactly  in  the  same  ratio 
as  the  sovereignty  of  the  Union  augments  or  decreases.  We 
have  shown  that  the  principal  aim  of  the  legislators  of  1789  was 
to  divide  the  sovereign  authority  into  two  parts.  In  the  one 
they  placed  the  control  of  all  the  general  interests  of  the  Union, 
in  the  other  the  control  of  the  special  interests  of  its  component 


1 


J 


I 


Of 


y 


1 


*  This  principle  was  in  some  measure  restricted  by  the  introduction  of  the  se- 
veral States  as  independent  powers  into  the  Senate,  and  by  allowing  tiiem  to  vote 
separately  in  the  House  of  Representatives  when  the  President  is  elected  by  that 
body,  but  these  are  exceptions,  and  the  contrary  principle  is  the  rule. 


i.     -H*^ 

k- 


126 

States.  Tlioir  rliicf  solicitude  was  to  arm  the  Federal  Govern- 
ment with  sullioient  power  to  enable  it  to  resist,  Avithin  its  sphere, 
the  eneroachiiicnts  of  the  several  States.  As  lor  these  commu- 
nities, thepriiicij)K'  ol'iiulependence  within  certain  limits  of  their 
own  was  adopted  In  dieir  behalf;  and  they  were  concealed  Irom 
the  inspection,  and  protected  from  the  control,  of  the  central 
Government.  In  spcakinu;  of  the  division  of  authority,  I  ob- 
served that  this  latter  principle  had  not  always  been  held  sacred, 
since  the  States  are  j)revented  li'om  passinu;  certain  laws,  which 
apparently  belonii;  to  their  own  particular  sphere  of  interest. 
When  a  State  of  the  Ujiion  passes  a  law  of  this  khid,  the  citizens 
who  arc  injured  by  its  execution  can  appeal  to  the  Federal 
courts. 

Thus  the  Jurisdiction  of  the  General  courts  extends  not  only 
to  all  the  cases  which  arise  under  the  laws  of  the  Union,  but 
also  to  those  which  arise  under  laws  made  by  the  several  States 
in  opposition  to  the  Constitution.  The  States  are  prohibited 
from  makinj^  cx-posl-J'acio  laws  in  criminal  cases ;  and  auy  per- 
son condonmed  by  a  irtue  of  a  law  of  this  kind  can  appeal  to  the 
judicial  power  of  the  Union.  The  States  are  likewise  prohibited 
from  makinp^  laws  which  may  have  a  tendency  to  injpair  the 
obligations  of  contracts.*  If  a  citizen  thinks  that  an  obligation 
of  this  kind  is  impaired  by  a  hwv  passed  in  his  State,  he  may  re- 
fuse to  obey  it,  and  may  appeal  to  the  Federal  courts.t 


*  It  is  iicrfectly  clo.ir,  says  Mr.  Story,  (Commentaries,  p.  ^03,  or  in  tlic  largo 
edition  ^N  Ki7'J),  tliat  any  law  wliicii  enlarges,  abridges,  or  in  any  nianiicrcliangcH 
tlie  intention  of  tiio  [larlii's,  rosnlting  from  tliestipniations  in  llio  contract  neces- 
sarily impairs  it.  lie  i^ives  in  the  same  plane  ;i  v(.<ry  long  and  careful  detinition 
of  what  is  nnderstood  by  a  contract  in  Federal  jurisprudence.  A  grant  made  hy 
the  State  to  a  private  individual,  and  accepted  hy  him,  is  a  contract,  and  i.'annot  be 
revoked  by  any  future  law.  A  charter  granted  by  the  Stale  to  a  company  is  a 
contract,  and  eciually  binding  to  the  State  as  to  the  grantee.  The  clause  of  the 
Constitution  here  referred  to  insures,  therefore,  the  existence  of  a  great  part  of 
acquired  ri^-hts,  but  not  of  all.  Properly  may  legally  be  held,  though  it  may  not 
have  passed  into  the  possessors's  hands  by  means  of  a  contract ;  and  its  possession 
is  an  aecpiired  right,  not  guaranteed  by  the  Federal  Constilution. 

t  A  remarkable  instance  of  this  is  given  hy  Mr.  Story  (p.  .'(1^.  or  in  the  large 
edition  vS  13r-^.)  "Dartmouth  College  in  New  Hampshire  had  been  founded  by 
a  charter  granted  to  certain  individuals  before  the  American  Revolution,  and  its 
trustees  formed  a  corporation  under  this  charter.  The  legislature  of  New  Hamp- 
shire had,  without  the  consent  of  this  corporation,  passed  an  act  cl-.anging  the  or- 
ganization of  the  original  provincial  charter  of  the  college,  and  transferring  all 
the  rights,  privileges,  and  iV;uichises  from  the  old  charier  trustees  to  new  trustees 
appointed  under  the  act.  The  conslitutionaiity  tif  the  act  was  contested,  and  af- 
ter soleuni  arguments,  it  was  deliberately  held  by  the  Siijireme  Court  that  the 
provincial  charter  \vus  a  contract  witliin  the  meaning  of  tiie  Constitution  (Art.  1. 
sect.  10..)  and  that  the  amendatory  act,  was  iitterly  void,  as  impairing  the  obliga- 
tion of  that  charter.  The  college  was  deemed,  like  other  colleges  of  private  foniul- 
ation,  to  be  a  private  eleemosynary  instituiion,  endowed  by  its  charter  with  u 


127 


This  provision  appears  to  nic  to  be  the  most  serious  attack 
npon  the  independence  of  the  States.  The  right  awarded  to 
the  Federal  Government  for  purposes  of  obvious  national  im- 
portance are  definite  and  easily  comprehensible  ;  but  those  with 
which  this  last  clause  invests  it  are  not  either  clearly  appreciable 
or  accurately  defined.  For  there  are  vast  numbers  of  political 
laws  which  influence  the  existence  of  obligations  of  contracts, 
which  may  thus  furnish  an  easy  pretext  for  the  aggressions  of 
the  central  authority. 


■  Ibiiml- 


I'ROCEDUliE  OF  THE  FEDERAL  COURTS. 

Natural  weakness  of  tlio  judiciary  power  in  conreclcration.s. — Lcsislators  ought 
to  .strive  as  nuicii  as  po.-isiliie  to  briiiif  private  indiviilitals,  and  not  Stupes,  before 
tiie  Federal  Courts. —  How  tlio  Americans  luivo  succeeded  in  tliis. — Direct 
prosecution  of  [irivate  individuals  in  the  I'cderal  Courts. — Indirect  prosecution 
of  tiic  States  wiiich  violate  tlio  laws  of  the  Union. — Tlio  decrees  of  the  Su- 
preme Court . "nervate  but  do  not  destroy  the  provincial  laws. 

I  HAVE  shown  what  the  privileges  of  the  Federal  Courts  are, 
and  it  is  no  less  important  to  point  out  the  manner  in  which 
they  are  exercised.  The  irresistible  authority  of  justice  in 
countries  in  which  the  sovereignty  is  undivided,  is  derived  from 
the  fact  that  the  tribunals  of  those  countries  represent  the  en- 
tire nation  at  issue  with  the  individual  against  whom  their  de- 
cree is  directed  ;  and  the  idea  of  power  is  thus  introduced  to 
corroborate  the  idea  of  right.  But  this  is  not  always  the  case 
in  countries  in  which  the  sovereignty  is  divided  ;  in  them  the 
judicial  power  is  more  frequently  opposed  to  a  fraction  of  the 
nation  than  to  an  isolated  individual,  and  its  moral  authority 
and  physical  strength  are  consequently  diminished,  in  Federal 
States  the  power  of  the  judge  is  naturally  decreased,  and  that 
of  the  justiciable  parties  is  augmented.  The  aim  of  the  legis- 
lator in  confederate  States  ought  therefore  to  be,   to   render 

capacity  to  take  property  unconnected  with  the  Government.  Its  funds  were 
bestowed  upon  the  faith  of  the  charter,  and  those  funds  consisted  entirely  of  pri- 
vate donations.  It  is  true  that  the  uses  were  in  some  sense  pubhc,  that  is,  for  the 
general  benefit,  and  not  for  tiie  mere  benefit  of  the  corporators;  but  this  did  not 
iiiike  the  corporation  a  public  corporation.  It  was  a  private  institution  for 
{general  charity.  It  was  not  distinguishable  in  principle  from  a  private  donation, 
vested  in  private  ti  ustees,  for  a  ])ulilic  charily,  or  for  a  particular  purpose  of  hone- 
iiconcc.  x\nd  the  State  itself,  il'it  had  bestowed  funds  upon  ti  charily  of  the  eanio 
tiuturc,  could  not  resume  those  iiinds.' 


.  :P' 


V 


.n 


4  J 


id«f 


»'• 


I 

'I 


128 

the  position  of  the  courts  of  justice  analogous  to  that  which 
they  occupy  in  countries  where  the  sovereignty  is  undivided  ; 
in  other  words  his  efforts  ought  constantly  to  tend  to  maintain 
the  judicial  power  of  the  confederation  as  the  representative  of 
the  nation,  and  the  justiciable  party  as  the  representative  of  an 
individual  interest. 

Every  Government,  whatever  may  be  its  constitution,  re- 
quires the  means  of  constraining  its  subjects  to  discharge  their 
obligations,  and  of  protecting  its  privileges  from  their  assaults. 
As  far  as  the  direct  action  of  the  government  on  the  commu- 
nity is  concerned,  the  Constitution  of  the  United  States  con- 
trived, by  a  master-stroke  of  policy,  that  the  Federal  Courts, 
acting  in  the  name  of  the  laws,  should  only  take  cognizance  of 
parties  in  an  individual  capacity.  For,  as  it  had  been  declared 
that  the  Union  consisted  of  one  and  the  same  people  within  the 
limits  laid  down  by  the  Constitution,  the  inference  was  that  the 
Government  created  by  this  Constitution,  and  acting  within 
these  limits,  was  invested  with  all  the  privileges  of  a  national 
Government,  one  of  the  principal  of  which  is  the  right  of  trans- 
mitting its  injunctions  directly  to  the  private  citizen.  When, 
for  instance,  the  Union  votes  an  impost,  it  does  not  apply  to 
the  States  for  the  levying  of  it,  but  to  every  American  citizen, 
in  proportion  to  his  assessment.  The  Supreme  Court,  which 
is  empowered  to  enforce  the  execution  of  this  law  of  the  Union, 
exerts  its  influence  not  upon  a  refractory  State,  but  upon  the 
private  tax-payer ;  and,  like  the  judicial  power  of  other  na- 
tions, it  is  opposed  to  the  person  of  an  individual.  It  is  to  be 
observed  that  the  Union  chose  its  own  antagonist ;  and  as  that 
antagonist  is  feeble,  he  is  naturally  worsted. 

But  the  difficulty  increases  when  the  proceedings  are  not 
brought  forward  by  but  against  the  Union.  The  Constitution 
recognises  the  legislative  power  of  the  States  ;  and  a  law  so 
enacted  may  impair  the  privileges  of  the  Union,  in  which  case 
a  collision  is  unavoidable  between  that  body  and  the  State 
which  has  passed  the  law  ;  and  it  only  remains  to  select  the 
least  dangerous  remedy,  which  is  very  clearly  deducible  from 
the  general  principles  I  have  before  established.* 

It  may  be  conceived  that,  in  the  case  under  consideration, 
the  Union  might  have  sued  the  State  before  a  Federal  court, 
which  would  have  annulled  the  act ;  and  by  this  means  it  would 
have  adopted  a  natural  course  of  proceeding  :  but  the  judicial 

*  Sec  Chapter  VI.  on  Judicial  Power  in  America. 


I 


120 


power  would  have  been  placed  in  open  liostility  to  the  ^Statc, 
and  it  was  desirable  to  avoid  tliis  predicament  as  much  as  pos- 
sible. The  Americans  hold  that  it  is  nearly  impossible  that  a 
new  law  shonid  not  impair  the  interests  of  some  private  indi- 
vidual by  its  provisions :  these  private  interests  are  assumed  by 
the  American  legislators  as  the  ground  of  attack  against  sucii 
measures  as  may  be  prejudicial  to  the  I  nion,  and  it  is  to  these 
cases  that  the  protection  of  the  Supreme  Court  is  extended. 

Suppose  a  State  vends  a  certain  portion  of  its  territory  to  a 
company,  and  that  a  year  afterwards  it  ]>asses  a  law  by  which 
the  territory  is  otherwise  disposed  of,  and  that  clause  of  the 
Constitution,  which  prohibits  laws  impairing  the  obligation  of 
contracts,  violated.  When  the  j)urchaser  under  the  second  act 
appears  to  take  possession,  the  |)ossessor  under  the  first  act 
brings  his  action  before  the  tribunals  of  the  Union,  and  causes 
the  title  of  the  claimant  to  be  pronounced  null  and  void.*  Thus, 
iii  point  of  fact,  the  judicial  jjowcr  of  the  Union  is  contesting 
the  claims  of  the  sovereif::nty  of  a  State  ;  but  it  only  acts  in- 
ilirectly  and  upon  a  special  application  of  detail :  it  attacks  the 
law  in  its  consecjuences,  not  in  its  principle,  and  it  rather 
weakens  than  destroys  it. 

The  last  h3'polhesis  that  remained  was  that  each  State  formed 
a  corporation  enjoying  a  separate  existence  aiul  distinct  civil 
rights,  and  that  it  coidd  therefore  sue  or  be  sued  before  a  tri- 
bunal. Thus  a  State  could  bring  an  action  against  another 
Sf^.t'?.  Tn  this  instance  the  Union  was  not  called  upon  to  con- 
test a  provincial  law,  but  to  try  a  suit  in  which  a  State  was  a 
party.  This  suit  was  perfectly  similar  to  any  other  cause,  ex- 
cept that  the  quality  of  the  parties  was  dilferent;  and  here  the 
danger  pointed  out  at  the  beginning  of  this  chapter  exists  with 
less  chance  of  l)eing  avoided.  The  inherent  disadvantage  of 
the  very  essence  of  Federal  constitutions  is  that  they  engender 
parties  in  the  bosom  of  the  nation  which  present  powerful  ob- 
stacles to  the  free  course  of  justice. 

*  See  Kont's  Commeutaiies,  vol.  i.  p.  387. 


) 


1 

I 


17 


i  ■   ■  ■ 


■:|   li 


ISO 


HIGH   RANK    OF    THE    SUPT.ME    COURTS  AMONGST  THE  GREAT 

POWERS    OF    STATE. 


No  nation  ever  constituted  so  preat  a  judicial  power  r.s  the  Americans. — Extent 
of  itri  preingative. — Its  political  iuHneuce. — 'i'lie  tiaufiuiliity  and  the  very  ex- 
istence of  tiie  Union  depend  on  the  discretion  of  the  seven  Federal  Judges. 


When  we  have 
tioii  of  the   Snn 


successfully  examined  in  detail   the  organiza- 
rcme  Court,  and  the  entire  p.orogatives  which 


it  exercises,  we  shall  readily  admit  that  a  n)ore  imposing  judi- 
cial power  was  never  constituted  by  any  people.  The  Supreme 
Cou/t  is  pla'-fci  .-^t  the  head  of  all  known  tribunals,  both  hy  the 
nature  of  its  rights  and  the  class  of  justiciable  parties  which  it 
controls. 

In  all  the  civilized  countries  of  Europe,  the  Ciovernment  has 
always  shown  the  greatest  repugnance  to  allow  the  cases  to 
which  it  was  itself  a  partv  to  be  decided  by  the  ordinary  course 
of  justice.  This  repui:  nance  naturally  attains  its  utmost  height 
in  an  absolute  Ccvcrnincnt ;  and,  on  the  other  hand,  the  privi- 
leges of  the  courts  of  justice  are  extended  with  the  increasing 
liberties  of  the  j)cople  :  but  no  Em-opoan  nation  has  at  |iresent 
held  that  all  jialicial  controversies,  without  regard  to  their  ori- 
gin, can  be  decided  by  thejiuigeo  of  common  law. 

In  America  this  theory  has  been  actually  ])ut  in  practice  ; 
and  the  k>npreme  Court  of  the  Tnited  rotates  is  the  sole  tribunal 
of  the  nation.  Its  jjowc/  extends  to  all  the  cases  ajising  under 
laws  and  treaties  made  by  the  executive  ;ind  legislative  authori- 
ties, to  all  cases  of  tulmirality  and  maritime  jurisdiction,  and  in 
general  to  all  ))oints  which  affect  the  law  of  nations.  It  may 
ew  !i  be  aflirmetl  that,  although  its  constitution  is  essentially 
judicial,  its  prerogatives  are  almost  entirely  ])o]itical.  Its  sole 
ol)ject  is  to  enforce  the  execution  of  the  laws  of  the  L'nion  ; 
and  the  l/nion  only  regulates  the  relations  of  the  (joverinnent 
with  the  citi/.ens,  and  of  the  nation  with  Foreign  Powers  :  the 
relations  of  citizens  amongst  themselves  are  almost  exclusively 
regti'ated  by  the  sovereiiiiity  of  the  States. 

A  sec(nid  and  still  greater  cause  of  the  preponderance  of 
this  court  may  be  adduced.  In  the  nations  of  liUrope  the 
courts  of  justice  are  only  called  upon  to  try  the  controversies 
of  private  individuals ;  but  the  Suprene  Court  of  the  United 


151 


States  summons  sovereign  powers  to  its  bar.  When  the  clerk 
of  the  court  advances  on  the  steps  of  the  tribunal,  and  simply 
says,  "  The  State  of  New  York  versus  the  State  of  Ohio,"  it  is 
impossible  not  to  feel  that  the  court  which  he  addresses  is  no 
ordinar}^  body  ;  and  when  it  is  recollected  tliat  one  of  these 
parties  represents  one  million,  and  the  other  two  millions  of 
men,  one  is  struck  by  the  responsibility  of  the  seven  judges 
whose  decision  is  about  to  satisfy  or  to  disappoint  so  large  a 
number  of  thrir  fellovr'-citizens. 

The  peace,  the  prosperity,  and  the  very  existence  of  the 
I  nion  are  vested  in  the  hands  of  the  seven  judges.  Without 
their  active  co-operation  the  Constitution  would  be  a  dead  let- 
ter:  the  Executive  aj)pcals  to  them  for  assistance  ngainst  the 
encroachments  of  the  legislative  powers;  the  Legislature  de- 
mands their  ))rutccti()n  from  the  designs  of  the  E\ecutive  ;  they 
defend  the  I'nion  fi"om  the  disobedience  of  the  States,  the  Slates 
from  the  exaggerated  claims  of  the  Union,  the  public  interest 
against  the  interests  of  private  citi/.ens,  and  the  conservative 
spirit  of  order  against  t!ie  fleeting  imiovations  of  democracy. 
Their  power  is  enormous,  but  it  is  clothetl  in  the  authority  of 
public  opinion.  Tiiey  are  the  all-powerful  guardians  of  a 
])oople  which  respects  law  ;  but  they  would  be  impotent  against 
po|)ular  neglect  or  jiopular  contempt.  The  force  of  public 
opinion  is  the  most  intractable  of  agents,  because  its  exact 
limits  cannot  be  defined  ;  and  it  is  not  less  dangerous  to  exceed, 
than  to  remain  below  the  boundary  prescribed. 

The  Federal  jiulges  must  not  oidy  be  good  citizens,  and  '  ^en 
])ossessed  of  that  information  aiid  integrity  which  are  indis;  .n- 
sable  to  magistrates,  but  they  nni:t  be  statesmen,  —  politicians, 
not  unread  in  the  signs  of  the  times,  not  afraid  to  brave  the 
obstacles  which  can  be  suljdued,  nor  slow  to  turn  aside  such 
encroaching  elements  as  may  threaten  the  supremacy  of  the 
L'nion  and  the  obedience  which  is  due  to  the  laws. 

The  President,  who  exercises  a  limited  jniwer,  may  err  with- 
out causing  great:  mischief  in  the  State.  Congress  may  decide 
amiss  without  destroyii.g  the  Tnion,  because  the  electoral  body 
in  which  Congress  originates  may  cause  it  to  retract  its  de- 
cision by  changing  its  members.  But  if  the  Supreme  Court  is 
ever  composed  of  im))rudent  men  or  ba  '  citizens,  the  Union 
may  be  plunged  into  anarchy  or  civil  war. 

The  real  cause  of  this  danger,  however,  docs  not  lie  in  the 
constiti'tion  of  the  tribunal,  but  in  the  very  nature  of  Federal 
Governments.     We  have  observed  that  in  confederate  peoples 


t  ! 


•  i" 


in:;'  i' 


i  ai  „■ 

•     : 


Ul*' 


"!■ 


■»». 


i^^ 


132 


'j". 


it  is  especially  necessary  to  consolidate  the  judicial  authority, 
because  in  no  otiicr  nations  do  those  independent  persons  who 
are  able  to  cope  with  the  social  body,  exist  in  greater  power 
or  in  u  better  condilioti  to  resist  the  physical  strength  of  the 
Govennnent.  But  tlie  more  a  power  requires  to  be  strengthen- 
ed, the  more  extensive  and  independent  it  must  be  made  ;  and 
the  dangers  which  its  abuse  .nay  create  are  heightened  by  its 
indejH-ndence  and  its  strength.  The  source  of  tlie  evil  is  not, 
therefore,  in  the  constitution  of  the  power,  but  in  the  constitu- 
tion of  those  States  which  render  its  existence  necessary. 


IN  WHAT  RESPECTS  THE  FEDERAL  CONSTITUTION  IS  SUPERIOR 
TO  THAT  OF  THE  STATES. 

Ill  wlint  rospncls  the  Constitution  of  tlie  Union  c:in  be  compjirod  to  tliat  of  the 
St^itos. — yiiix'riority  of  tli(!  Constitution  of  tlie  I'nioii  attiiliiUable  to  the  wis- 
dom iil' th<;  I'eclcial  le;;islat(trs. —  Legislature  of  tlio  I'. -ion  Ujss  depeiitient  on 
tlie  people  than  that  of  the  JSlates. —  liNecntive  jiower  more  imlopciKlent  in  its 
sphere  — Judicial  powei  less  subjected  to  the  inclinations  of  the  majority. — 
I'raftical  (^onseipieiioes  of  these  facts. — The  dangers  inherent  in  a  democratic 
government  eluded  by  the  Federal  legislators,  and  iucieu<ed  by  the  legislators 
of  the  £5 lutes. 


The  Federal  Constitution  didbrs  essentially  from  that  of  the 
States  in  the  ends  w  hlch  it  is  intended  to  accomplish  ;  but  in 
the  means  by  which  these  ends  are  promoted,  a  greater  analogy 
exists  between  them.  The  objects  of  the  Governments  are  dif- 
ferent, but  their  I'orms  are  the  same  ;  and  in  this  special  point 
of  view  there  is  some  advantage  in  comparing  them  togetlier. 

I  am  of  opinion  that  the  Federal  Constitution  is  superior  to 
all  the  Constitutions  of  the  States,  for  several  reasons. 

The  present  Constitution  of  the  Union  was  formed  at  a  later 
period  than  those  of  the  majority  of  the  States,  and  it  may  have 
derived  some  ameliorations  from  past  experience.  But  we  shall 
be  led  to  acknowledge  lliat  this  is  only  a  secondary  cause  of  Its 
superiority,  when  we  recollect  that  eleven  new  States  have 
been  added  to  the  American  Confederation  since  the  promul- 
gation of  the  Federal  Constitution,  and  that  these  new  repidilics 
have  alwavs  rather  exaugerated  than  avoided  the  delects  which 
existed  in  th.e  former  Constitutions. 

The  chief  cause  of  the  superiority  of  the  Federal  Constitu- 


133 


later 
liave 
simll 
ot"  its 
liave 


Istitu- 


tion  lay  in  the  character  of  the  legislators  who  composed  It. 
At  the  time  when  it  was  formed  the  dangers  of  the  Confedera- 
tion were  imminent,  and  its  niln  seemed  inevitable.  In  this 
extremity  tjje  people  chose  the  men  wlio  most  deserved  the  es- 
teem, ratiier  than  those  who  had  gained  the  affections,  of  the 
country.  I  have  already  observed  that,  distingnished  as  almost 
all  the  legislators  of  the  Union  were  for  their  intelligence,  they 
were  still  more  so  for  their  patriotism.  'I  noy  had  all  been 
nurtured  at  a  time  wIk:i  the  spirit  of  liberty  was  braced  by  a 
continual  struggle  against  a  powerful  and  predominant  authority. 
When  the  contest  was  terminated,  whilst  the  excited  ])assions 
of  the  j)opulacc  persisted  in  warring  with  dangers  w  hich  had 
ceased  to  threaten  them,  these  men  stopped  short  in  their  ca- 
reer; they  cast  a  calmer  and  more  penetrating  look  upon  the 
country  which  was  now  their  own  ;  they  perceived  that  the  war 
of  independence  was  defmitively  ended,  and  that  the  only  dan- 
gers which  America  had  to  fear  were  those  which  might  result 
from  the  abuse  of  the  I'reedom  she  had  won.  They  had  the 
cour'^ge  to  say  what  they  believed  to  be  true,  because  they  were 
anim.aed  by  a  warm  and  sincere  love  of  liberty  ;  and  they  ven- 
tured to  propose  restrictions,  because  they  were  resolutely  op- 
posed to  destruction.^^ 

At  tliis  lime  Aloxaiiiier  Iliuiiiltoii,  wlin  was  one  of  tlio  principal  founders  of 
tlie  ('onslitiUioii,  veulurecl  to  express  the  Ibllowiug  seutimenU  in  tlie  Federalistj 
No.  71  : 

"  Tiiore  are  some,  wlio  would  be  inclined  to  rejrard  tlie  servile  plianc}'  of  the 
Executive,  to  a  pr(!vailluff  current,  eiliier  in  the  connnnnity  or  in  the  legislature, 
as  its  besi  recoinuiendaliou.  IJut  sncii  men  eiitertaiu  \ery  crude  notions,  as  well 
of  the  purposes  lor  wliicii  government  was  inslituted,  as  of  liu'  true  means  hy 
vvliicli  ihe  public  liappiness  may  lie  promoted.  Tlie  repulilican  princijile  do- 
nianils  tjiat  tlio  deliberative  sense  of  tlie  community  siiould  govern  liie  conduct, 
of  those  to  wliom  tiiey  entrust  the  man.igemenl  ol"  tiieir  alfairs  ;  but  it  does  not 
reijiiire  an  uiupialilied  eoiiijilaisancc;  to  every  sudden  brcu'Zi!  of  ])assi()ii,  or  to 
every  transient  iiiipnlse  which  the  people  may  receive  from  the  arts  of  men  whollat- 
tertheir  prejudices  to  betray  their  interests.  It  is  a  pisi  observalioulhat  the  pt'oplc 
eomoiily  iiitrnil{\w  piililic  iroml.  This  ol'ieii  applies  to  their  xcry  errors.  Uiit  their 
good  sense  woiihl  despise  the  adulator  who  shiuihl  pretend  that  they  would  always 
reason  ri'jht  about  the /;(('// h.s'  of  promoting  it.  'I'iiey  know  from  experitnice  that 
they  sometimes  err  ;  and  the  wonder  is  that  they  so  seldom  err  as  they  do,  beset, 
as  they  continually  ere,  hy  the  wiles  of  [),irasit(>s  and  sycophants  ;  hy  the  snares  of 
the  ambitions,  the  avaricious,  the  desperate;  liy  the  artilices  of  men  who  possess 
their  conlidetice  more  than  they  deserve  it ;  and  of  tliose  wlio  .,  elc  to  possess 
rather  than  to  deserve  it.  \\  hen  occasions  present  tlieiiHiives  in  which  the  in- 
terests of  the  peo]ile  arc  at  variance  with  their  ii!e!iiiatioii<.  it  is  the  duty  of  per- 
sons wiioin  they  liave  appointed  to  be  the  guardians  of  those  interests,  to  with- 
stand the  temporary  delusion,  in  (U-der  to  give  tiieiii  time  and  opportunity  for 
more  cool  and  sedate  relleclion.  Instancies  might  be  cited  in  which  a  conduct  of 
this  kind  has  saved  tlie  pt>ople  from  very  liital  eoiiseipiences  oi'lheir  own  mistakes, 
and  has  procured  lasting  monuments  oi'  their  gratitude  to  tiie  men  wlio  had  cour- 
age and  inagnauimity  enough  to  serve  at  the  peril  of  their  displeasure." 


I6i;3tj  §)ltnN 


<*» 


«  Ik 


At 


I 

■A  * 


I 

'I 


!  1, 


mm 


134 

The  greater  number  of  ilie  Constitutions  of  the  States  assign 
one  year  for  the  duration  of  i!ie  House  of  Representatives,  and 
two  years  for  that  of  the  Senate  ;  so  that  members  of  the  legis- 
lative body  arc  constantly  and  narrowly  tied  down  b}'  the 
slightest  desires  of  their  constituents.  The  legislators  of  the 
Union  were  of  opinion  that  this  excessive  dependence  of  the 
legislature  tended  to  alter  the  nature  of  the  main  consequences 
of  the  representative  system,  since  it  vested  the  source  not  only 
of  authority,  but  of  government,  in  the  people.  They  increas- 
ed the  length  of  the  time  for  which  the  representatives  were 
returned,  in  order  to  give  them  freer  scope  lor  the  exercise  of 
their  own  judgment. 

The  Federal  Constitution,  as  well  as  the  Constitutions  of  the 
dillbrent  States,  divided  the  legislative  body  into  two  branches. 
But  in  the  States  these  two  branches  were  composed  of  the 
same  elements  and  elected  in  the  same  manner.  The  conse- 
quence was  that  the  passions  and  inclinations  of  the  populace 
were  as  rapidly  and  as  energetically  represented  in  one  cham- 
ber as  in  the  other,  and  that  laws  were  made  with  all  the  cha- 
racteristics of  violence  and  precipitation.  By  the  Federal  Con- 
stitution the  two  houses  originate  in  like  manner  in  the  choice 
of  the  jieople  ;  but  the  conditions  of  eligibility  and  the  mode 
of  election  were  changed.,  to  the  end  that  if,  as  is  the  case  in 
certain  nations,  one  branch  of  the  legislature  represents  the 
same  interests  as  tiie  other,  it  may  at  least  represent  a  superior 
degree  of  intelligence  and  discretion.  A  manure  age  was  made 
one  of  the  conditions  of  the  senatorial  dignity,  and  the  Upper 
House  was  chosen  by  an  elected  assembly  of  a  limited  number 
of  members. 

To  concentrate  the  whole  social  force  in  the  hands  of  the 
legislative  body  is  ihe  naturrl  tendency  of  democracies  ;  for  as 
this  is  the  power  which  emanates  the  most  directly  from  the 
people,  it  is  made  to  j)articipate  most  fully  in  th(>  j)re|)ondera- 
ting  authority  of  tlie  multitude,  and  it  is  naturally  led  to  mo- 
nopolise every  species  of  induence.  This  concentration  is  at 
once  prejudicial  to  a  well  conducted  administration,  and  favor- 
able to  the  despotism  of  the  majority.  The  legislators  of  the 
Stales  fre(piently  yielded  to  these  democratic  propensities,  which 
were  i': variably  and  courageously  resisted  by  the  founders  of 
the  Union. 

In  the  titates  the  executive  power  is  vested  in  the  hands  of  a 
magistrate,  who  is  apparently  placed  upon  a  level  with  the 
legislature,  but  who  is  in  reality  nothing  more  than  the  blind 


135 


lof  a 

the 

Hind 


agent  and  the  passive  instrument  of  its  decisions.  He  can  de- 
rive no  influence  from  the  duration  of  his  functions,  which  ter- 
minate with  the  revolving  ycai',  or  from  the  exercise  of  prero- 
gatives which  can  scarcely  be  said  to  exist.  The  legislature 
can  condemn  him  to  inaction  by  entrusting  the  execution  of  the 
laws  to  special  committees  of  its  own  members,  and  can  annul 
hk  temporary  dignity  by  depriving  him  of  his  salary.  The 
Federal  Constitution  vests  all  the  privileges  and  all  the  respon- 
sibility of  the  executive  power  in  a  single  individual.  The  du- 
ration of  the  Presidency  is  fixed  at  four  years ;  the  salary  of 
the  individual  who  fills  that  office  cannot  be  altered  during  the 
term  of  his  functions;  he  is  protected  by  a  body  of  oliicial  de- 
pendents, and  armed  with  a  suspensive  veto.  In  short,  every 
effort  was  made  to  confer  a  strong  and  independent  position 
upon  the  executive  authority,  within  the  limits  which  had  been 
prescribed  to  it. 

In  the  Constitution  of  all  the  States  the  judicial  power  is 
that  which  remains  the  most  independent  of  the  legislative 
authority  :  nevertheless,  in  all  the  States  the  legislature  has 
reserved  to  itself  the  right  of  regulating  the  emoluments  of  the 
judges,  a  practice  which  necessarily  subjects  these  magistrates  to 
its  immediate  influence.  In  some  States  the  judges  are  only 
temporarily  appointed,  Avhich  deprives  them  of  a  great  portion 
of  tlioir  j)osver  and  their  freedom.  Jn  others  the  legislative  and 
judicial  powers  are  entirely  confounded  :  thus  the  Senate  of 
New  York,  tor  instance,  constitutes  in  certain  cases  the  supe- 
rior court  of  the  State.  The  Federal  Constitution,  on  the 
other  hand,  carefully  separates  the  judicial  authority  from  all 
external  iiilhiences :  and  it  provides  for  the  independence  of 
the  judges,  by  declaring  that  their  salary  shall  not  be  altered, 
and  that  their  functions  shall  be  inalienable. 

The  practical  conse(juences  of  these  dillbrent  systems  may 
easily  be  perceived.     An  attentive  observer  will  soon  remark 
that  the  business  of  the  Union  is  incomparably  better  conducted 
than  that  of  any  individual  State.     The  conduct  of  the  Fede- 
ral Clovcrnment  is  more  fair  and  more  temperate  than  that  of 
the  States  ;  its  designs  are  more  fraught  with  wisdom,  its  pro- 
jects arc  more  durable  and  more  skillfully  combined,  its  meas^ 
ures  are  put  into  execution  with  more  vigor  and  consistency. 
I  recapitulate  the  substance  of  this  chapter  in  a  few  words: 
The  existence  of  democracies  is  threatened  by  two  dangers, 
\h.    the  complete  subjection   of  the  legislative    body  to   the 
caprices  of  the  electoral  body  ;  and  the  concentration  of  all  the 
powers  of  the  Government  in  the  legislative  authority. 


i«ni'ii 


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136 

The  growtli  of  tliese  evils  has  been  encouraged  by  the  po- 
licy ot*  ihe  legislators  of  the  States  ;  but  it  has  been  resisted  by 
the  legislators  of  the  Union  by  every  means  which  lay  within 
their  control. 


CHARACTERISTICS 'WHICH  DISTINGUISH  THE  FEDERAL  CONSTI- 
TUTION or  THE  UNITED  STATES  OF  AIMERICA  FROM  ALL 
OTHER  FEDERAL  CONSTITUTIONS. 

Aniericm  Fiiinn  appears  to  resemble  all  other  confotlerutions. — Nevertheless  its 
elVeC  re  tlill'ereiil.— Heason  of  this. — Distiiu-tions  between  the  Union  and  all 
othei  .  ifedoraiions. — The  American  Government  not  a  Federal,  but  an  im- 
perl.    .  national,  (jovernment. 

The  United  States  of  America  do  not  afford  cither  the  first  or 
the  only  instance  of  c(nilt;derate  Stati'S,  several  of  which  have 
existed  in  niodcrn  Europe,  without  adverting  to  those  of  anti- 
quity.    Switzerland,  the  Germanic   Empire,  and  the  Republic 
of  the  United  Provinces  either  have  been  or  still  are  confede- 
rations.    In  studying  the  Constitutions  of  these  difl'erent  coun- 
tries, the  politician  is  surprised  to  observe  that  the  powers  with 
which  they  invested  the  Federal  Government  are  nearly  identi- 
cal with  tiie  privileges  awarded  hy  the  American  Constitution 
to  the  (Jovernment  of  the  United  States,     lliey  confer  upon 
the  central  power  the  saine  rights  of  making  peace  and  war,  of 
raising  money  and  troops,   anil   of  providing   for   the  general 
exigencies  and  the  common  interests  of  the  nation.     Neverthe- 
less the  Federal  Government  of  these  difierent  peoples  has  al- 
ways been    as  remarkable  for   its  weakness  and  inefficiency  as 
that  of  the  Union  is  for   its   vigorous   and   enterprising  spirit. 
Again,  the  first  American  Confederation  perished  through  the 
excessive  weakness  of  its  Government;  and  this  weak  Govern- 
ment was,  notwithstanding,  in  possession   of  rights  even  more 
extensive  than  those  of  the  Federal  Government  of  the  present 
day.     lint  the  more  recent  Constitution  of  the  United  States 
contains  certain  principles  which  exercise  a  most  important  in- 
lliience,  although  they  do  not  at  once  strike  the  observer. 

This  Constitution,  which  may  at  first  sight  be  confounded 
with  the  Federal  constitutions  which  preceded  it,  rests  upon  a 
novel  theory,  which  may  be  considered  as  a  great  invention  in 
modern  political  science.     In  all  the  confederations  which  had 


I 


137 


tion 
)on 
,of 
eral 
the- 
al- 
as 
lirit. 
1  the 
ern- 
iiore 
;sent 


been  formed  before  the  American  Constitution  of  1789,  the 
allied  States  agreed  to  obey  the  injunctions  of  a  Federal  Gov- 
ernment: but  they  reserved  to  themselves  the  right  of  ordain- 
ing and  enforcing  the  execution  of  the  laws  of  the  Union.  The 
American  States  which  combined  in  1789  agreed  that  the  Fede- 
ral Government  should  not  only  dictate  the  laws,  but  that  it 
should  execute  its  own  enactments.  In  both  cases  the  right  is 
the  same,  but  the  exercise  of  the  right  is  dilfercnt ;  and  this 
alteration  produced  the  most  momenlous  consoquonces. 

In  all  tlu!  confederations  which  had  been  formed  before  the 
American  Union,  the  Federal  Government  demanded  its  sup- 
plies at  the  hands  of  the  separate  Governments ;  and  if  the  meas- 
ure it  prescribed  was  onerous  to  any  one  of  those  l)odies,  means 
were  found  to  evade  its  claims  :  if  the  State  was  poworftd,  it 
had  resource  to  arms  ;  if  it  was  weak,  it  connived  at  the  resist- 
ance which  the  law  of  the  Union,  its  soverclii,'n,  met  with,  and 
resorted  to  inaction  under  tiie  j)lea  of  inability.  Under  these 
circumstances  one  of  two  <dternatives  has  invariably  occurred  : 
cidier  the  most  })reponderant  of  the  allied  peoples  has  assum- 
ed the  privileges  of  the  Federal  authority,  and  ruled  all  the 
other  states  in  its  name;*  or  the  Federal  Government  has 
been  abandoned  by  its  natural  supportfM's,  anarchy  has  arisen 
between  the  confederates,  and  the  Union  has  lost  all  power 
of  action.t 

In  America  the  subjects  of  the  Union  are  not  States,  but  pri- 
vate citizens  :  the  national  Government  levies  a  tax,  not  upon 
the  State  of  Massachusetts,  but  upon  each  inhabitant  of  Massa- 
chusetts. All  former  confederate  govermnents  presided  over 
communities,  but  that  of  the  Union  rules  individuals  ;  Its  Ibrce 
is  not  borrowed,  but  self-derived  ;  and  it  is  se}-\ed  by  its  own 
civil  and  military  odicers,  by  its  own  army,  and  its  own  courts 
of  justice.  It  camiot  be  doubted  that  the  sj)irit  of  the  nation, 
the  passions  of  the  nndtitude,  and  the  j)rovincial  prejudices  of 
each  State,  tend  singularly  to  (liminish  the  authority  of  a  Federal 
authority  thus  constituted,  and  to  facilitate  the  means  of  resistance 
to  its  mandates  ;  but  the  comparative  weakness  of  a  restricted 
sovereignty  is  an  evil  inherent  in  the  Federal  system.     In  Ame- 

"  This  was  the  case  in  Greece,  when  Philip  undertook  to  execute  the  decree 
of  the  Amphictyons;  in  the  Low  Countries  where  the  province  of  Holland  al- 
ways  gave  the  law  ;  and  in  our  own  time  in  the  Germanic  Confederation,  in  which 
Austria  and  Prussia  assume  a  great  degree  of  intluence  over  the  whole  country, 
in  the  name  of  the  'Diet. 

t  Such  has  always  been  the  situation  of  the  Swiss  ConfederrLion,  which  would 
have  perished  ages  ago  but  for  the  mutual  jealousies  of  its  neighbors. 

18 


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A0^'' 


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138 


rica,  each  State  has  fewer  opportunities  of  resistance,  and  fewer 
temptations  to  uon-coui})liancc ;  nor  can  such  a  desifrn  be  put 
in  execution  (if  intlced  it  be  entertained,)  without  an  open  vio- 
lation of  the  laws  of  die  Union,  a  direct  interruption  of  the  or- 
dinary course  of  justice,  and  a  bold  declaration  of  revolt ;  in  a 
word,  without  a  decisive  step,  which  nirn  hesitate  to  adopt. 

In  all  former  confiHlerations  tin;  |)rivilej^es  of  tlu;  Union  fur- 
nished more  elements  of  discord  than  of  power,  since  they  mul- 
tiplied the  claims  of  the  nation  without  aujuinenting-  the  means 
of  enforcint-;  them  :  and  in  accordance  with  this  fact  it  may  be 
remarked,  that  the  real  weakness  of  Federal  Governments  has 
almost  always  been  in  the  exact  ratio  of  their  nominal  power. 
Such  is  not  the  case  in  the  American  Union,  in  which,  as  in 
ordinary  fj^overnments,  the  PedcMal  (jovernment  has  the  means 
of  enforcinu;  all  it  is  empowered  to  demand. 

The  human  understantliui^  more  easily  invents  new  thiuifs 
than  new  words,  and  we  arc  thence  constrained  to  em})loy  a 
nudtitude  of  hnproper  and  inade({iuite  expressions.  When 
several  nations  form  a  permanent  league,  and  establish  a,  su- 
preme authority,  which,  althoiii;h  it  has  ]u)t  the  same  iniluence 
over  the  members  of  the  connuunity  as  a  national  t;overnment, 
acts  u])on  each  of  the  confederate  States  in  a  body,  this  govern- 
ment, which  is  so  essentiallv  diirerent, from  all  others,  is  denomi- 
nated a  Federal  one.  Another  form  of  society  is  afterwards 
discovered,  in  which  several  pe()j)l('s  are  lused  into  one  and  die 
same  nation  witli  regard  to  certain  common  interest..,  although 
the}^  remain  distinct,  or  at  least  only  confederate,  with  regard  to 
all  their  other  concerns.  In  this  case  the  central  power  acts  di- 
rectly upon  those  whom  it  governs,  whom  it  rules,  and  whom  it 
judges,  in  the  same  manner  as,  but  in  a  mon;  limited  circle  than, 
a  national  government.  Here  the  term  of  Federal  government 
is  clearly  no  longer  applicable  to  a  state  of  things  which  must 
be  styled  an  incomplete  national  government :  a  form  of  gov- 
ernment has  been  found  out  which  is  neither  exactly  national 
nor  federal ;  but  no  further  progress  has  b(H'n  made,  and  the 
new  word  which  will  one  day  designate  this  novel  invention 
does  not  yet  exist. 

The  absence  of  this  new  species  of  confederation  has  been  the 
cause  which  has  brought  all  Unions  to  civil  war,  to  subjection, 
or  to  a  stagnant  ajiath}  ;  and  the  ])eoples  which  formed  these 
leagues  have  been  either  too  didlto  discern,  or  too  pusillanimous 
to  apply,  this  great  remedy.  The  American  Confederation 
perished  by  the  same  delects. 


er; 
th( 


139 

l-Bnt  the  confederate  States  of  America  had  been  long  accus- 
tomed to  ioriii  a  portion  of  one  enipin;  before  they  had  won  their 
independence ;  they  had  not  contracted  the  habit  of  governing 
themselves,  and  their  national  prejndices  had  not  taken  deep 
root  in  their  minds.  Sii])erior  to  the  rest  of  the  world  in  politi- 
cal knowledge,  and  shnring  that  knowledge  equally  amongst 
themselves,  they  \\'ere  little  agitated  by  the  passions  which  gen- 
erally op|)()se  the  extension  of  federal  authority  in  a  nation,  and 
those  passions  were  checked  by  the  wisdom  of  the  chief  citizens. 
TJie  Americans  applied  the  remedy  with  prudent  firmness  as 
soon  as  they  were  conscious  of  the  evil ;  they  amended  their 
laws,  and  tliey  saved  their  country. 


ADVANTAGES    OF    THE    FEDERAL    SYSTEM    IN   GENERAL,    AND 
ITS    SrECIAL    UTILITY    IN    AMERICA. 

Hapiiinnss  and  fiecdoin  of  small  nations. — Povvor  of  f^reat  nations. — Great  em- 
pires favorable  to  the  growt'i  of  civilization. — Strength,  often  the  tirst  element 
of  national  prosperity. — Aim  of  the  Federal  system  to  unite  the  twofold  advan- 
tages resulting  from  a  small  and  from  a  large  territory. — Advantages  derived 
by  the  United  .States  from  tiiis  system. — The  law  adapts  itself  to  the  exigenciea 
of  the  population  ;  population  (loes  not  eonform  to  tlie  exigencies  of  the  law. — 
Activity,  amelioration,  love  and  enjoyment  of  fr(!edi)m  in  the  American  com- 
munities.— Public  spirit  of  the  Union  the  .abstract  of  provincial  patriotism. — 
Princi|)les  and  things  circulate  freely  over  the  territory  of  the  United  states. — 
The  Union  is  happy  and  free  as  a  little  nation,  and  respected  as  a  great  em- 
pire. 

In  small  nations  the  scrutiny  of  society  penetrates  into  every 
part,  and  the  spirit  of  improvement  enters  into  the  most  trilling 
details  ;  as  the  amhition  of  the  ))eople  is  necessarily  checked  by 
its  weakness,  ttll  the  ellbrts  and  resotirccs  of  the  citizens  are 
turned  to  the  internal  Ix^nefit  of  the  connniinity,  and  arc  not 
likely  to  evaj)orate  in  the  fleeting  breath  of  glory.  The  desires 
of  every  individual  are  limited,  because  extraordiir.iry  faculties 
are  rarely  to  be  met  with.  The  gifts  of  an  equal  fortune  render 
ihe  various  conditions  of  life  uniform ;  and  the  manners  of  the 
'inhabitants  are  orderly  and  simple.  Thus,  if  we  estimate  the 
gradations  of  popular  morality  and  enlightenment,  we  shall  gen- 
erally iind  that  in  small  nations  there  are  more  jiersons  in  easy 
circumstances,  a  more  numerous  population,  and  a  more  tran- 
quil state  of  society  than  in  great  empires. 

When  tyranny  is  established  in  the  bosom  of  ii  small  nation, 


*'♦ 

ir 

.r 


I       I 


J 


140 


it  is  more  galling  than  elsewhere,  because,  as  it  acts  vithin  a 
narrow  circle,  every  point  of  that  circle  is  subject  to  its  direct 
inllucnco.  It  supplies  the  place  of  those  great  designs  which  it 
cannot  entertain,  by  a  violent  or  an  exasperating  interference  in 
a  niultitiide  of  minute  details  ;  and  it  leaves  die  political  wtuld 
to  wliicli  it  projjerly  belongs,  to  medtlJe  with  the  arrangements 
of  domestic  lile.  Tastes  as  well  as  actions  are  to  be  regulated 
at  its  pleasure ;  and  the  families  of  the  citizens  as  well  as  die 
allairs  of  the  State  are  to  be  governed  by  its  decisions.  This 
invasion  of  rights  occurs,  however,  but  seldom,  and  freedom  is 
in  truth  the  natural  state  of  small  connnunities.  The  tempta- 
tions which  the  government  oilers  to  ambition  are  too  weak,  and 
the  resources  of  private  individuals  are  too  slender,  for  the  sove- 
reign j)o\vcr  easily  to  fall  within  the  grasp  of  a  single  citizen : 
and  should  such  an  event  have  occurred,  the  subjects  of  the 
State  can  without  difliculty  overthrow  the  tyrant  luid  his  oppres- 
sion by  a  shnultancous  effort. 

Small  nations  ]\n\e  therefore  ever  been  the  cradles  of  political 
liberty  :  anil  the  fact  that  many  of  them  have  lost  their  inmmni- 
tics  by  extending  their  dominion,  shows  tiuit  the  freedom  they 
enjoyed  was  more  a  consequence  of  their  inferior  size  than  of 
the  character  of  the  people. 

The  history  of  the  world  afford-  >  instance  of  a  great  na- 
tion retaining  the  form  of  a  republicaii  government  for  a  long 
aeries  of  years,*  and  this  has  led  to  the  conclusion  that  such  a 
state  o(  tilings  is  impracticable.  For  my  own  part,  I  cannot 
but  censure  the  imprudence  of  attempting  to  limit  the  possible, 
and  to  judge  the  iuture,  on  the  [lart  of  a  being  who  is  hourly 
deceived  by  the  most  palpable  realities  of  life,  and  who  is  con- 
stantly taken  by  surprise  in  the  circumstances  with  which  he  is 
most  familiar.  But  it  may  be  advanced  with  confidence  that 
the  existence  of  a  great  republic  will  always  be  exposed  to  far 
greater  perils  than  that  of  a  small  one. 

All  the  passions  which  are  most  fatal  to  republican  institu- 
tions spread  with  an  increasijig  territory,  \vhilst  tiie  virtues 
which  maintain  their  dignity  do  not  augment  in  the  same  pro- 
portion. The  ambition  of  the  citizens  increases  with  the  power 
of  the  state  ;  the  strength  of  parties,  with  the  importance  of  the 
ends  they  have  in  view  ;  but  that  devotion  to  the  common  weal, 
which  is  the  surest  check  on  destructive  passions,  is  not  strong- 
er in  a  large  than   in  a  small  republic.     It  might,  indeed,  be 

*  I  do  not  speak  of  a  confederation  of  small  republics  but  of  a  great  consolida- 
ted republic. 


Ci 
ti 


141 


istitu- 
irtues 

pro- 

|)Ower 

)f  the 

|\veal, 

[ong- 

d,  bo 

leolida- 


proved  without  difficulty  that  it  is  less  powerful  and  less  sincere. 
The   arrogance  of  wealth  and  the   dejection  of  wretchedness, 
capital  cities  of  unwonted  extent,  a  lax  morality,  a  vulgar  ego- 
tism, and  a  great  confusion  of  interests,  are  the  dangers  whirh 
almost   invariably  arise  from  the  magnitude  of  Stales,     lint 
several  of  these  evils  are  scarcely  prejiuliciul  to  a  monarchy, 
and  some  of  them  contribute  to  maintain  its  existence.     In  mo- 
narchical Slates  the  strengtli  of  iJie  (lovcrinnent  is  its  own  ;  it 
may  use,  but  it  does  not  de|)end  on  the  community:  and   the 
authority  of  the  prince  is  proportioned  to  the  prosperity  of  the 
nation  :  but   the  only  security  which  a  republican  CJovernment 
possesses  against  these  evils  lies  in  the  support  of  llie  majority. 
This  support  is  not,  however,  jiroportionably  greater  in  a  large 
republic   than  it  is  in  a   small  one;  and  thus  whilst  the  means 
of  attack  perpetually  increase  both  in  number  and  in  iuHuence, 
the  power  of  resistance  remains  the  same  :  or  it  may  rather  be 
said  to  diminish,  since  the  propeusiiies  and  nilerests  of  the  peo- 
ple  are  diversified  by  the  increase  o(    tlje  })opulation,  and   the 
difficulty  of  forming  a  compact  majority  is  constantly  augment- 
ed.    It  has  been  observed,  moreover,  that  the  intensity  of  human 
pt\ssions  is  heightened,  not  only  by  the  importance  of  the  end 
which  they  propose  to  attain,  but  by  the   multitude  of  individ- 
uals  who  are  animated  i)y  them  at   the  same  time.     Every  one 
has  had  occasion  to  remark  that  his  emotions  in  the  midst  of  a 
sympathizing  crowd  are  far  greater  than  those  which  li  •  would 
have  felt  in  solitude.     ii\  great  republics  the  impetus  of  poli- 
tical passion  is  irresistible,  not  only  because  it  aims  at  gignntic 
purposes,  but  because  it  is  felt  and  shared   by  millions  of  men 
at  the  same  time. 

It  may  therefore  be  asserted  as  a  general  projjosilion,  that 
nothing  is  more  op])osed  to  the  well-being  and  the  freedom  of 
man  than  vast  empires.  Nevertheless  it  is  imiiortant  to  ac- 
knowledge the  peculiar  advantages  of  great  States.  For  the 
very  reason  which  renders  the  desire  of  power  more  intense  in 
these  communities  than  amongst  ordinary  men,  the  love  of  glory 
is  also  more  prominent  in  the  hearts  ol*  a  class  of  citizens,  who 
regard  the  applause  of  a  great  people  as  a  reward  worthy  of 
their  exertions,  and  an  elevating  encouragement  to  man.  If 
we  would  learn  whv  it  is  that  t!;reat  nations  contribute  more 
powerfully  to  the  spread  of  human  improvement  than  small 
States,  we  shall  discover  an  adequate  cause  in  the  rapid  and 
energetic  circulation  of  ideas,  and  in  those  great  cities  which 
are  the  intellectual  centres  where  all  the  rays  of  human  genius 


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142 


are  reflected  and  combined.  To  this  it  may  be  added  that  most 
"important  discoveries  d«'niand  a  display  of  national  power  which 
the  (loverniiient  ol"  a  small  State  is  nnalde  to  make  ;  in  fj^reat 
nations  the  d'overnment  entertains  a  greater  nnmber  of  genera] 
notions,  and  is  more  completely  disengaged  Irom  the  rontinc  of 
precedent  and  the  egotism  of  local  prejudice  ;  its  designs  are 
conceived  with  norc  talent,  and  execnted  with  more   boldness. 

in  time  of  peace  the  well-being  of  small  nations  is  undoubt- 
edly more  general  and  more  complete  ;  but  they  are  apt  to  suf- 
fer more  acutely  from  the  calamities  of  war  than  those  great 
empires  whose  distant  frontiers  may  for  ages  avert  the  presence 
of  the  danger  from  the  mass  of  the  people,  which  is  more  fre- 
quently alllicted  than  ruined  by  the  rvil. 

But  in  this  matter,  as  in  many  others,  the  argument  derived 
from  the  necessity  of  the  case  predominates  over  all  others.  If 
none  but  small  nations,  existed,  I  do  not  doubt  that  niaidvind 
would  be  more  happy  and  more  free  ;  but  the  existence  of  great 
nations  is  unavoidable. 

This  consideration  introduces  the  element  of  physical  strength 
as  a  condition  of  national  jirospcrity. 

It  profits  a  people  but  little  to  be  afiluent  and  free,  if  it  is 
perpetually  exposed  to  be  pillaged  or  sul)jugated  ;  the  number 
of  its  manufactures  and  the  extent  of  its  commerce  are  of  small 
advantage,  if  another  nation  has  the  empire  of  the  seas  and 
gives  the  Ijiw  in  all  the  niarkcls  of  the  globe.  Small  nations 
are  often  imjioverished,  not  because  they  are  small,  but  because 
they  are  weak  ;  and  great  empires  prosper  less  because  they  are 
great  than  because  they  are  strong.  IMiysical  strength  is  there- 
fore one  of  the  first  conditions  of  the  happiness  and  even  of 
the  existence  of  nations.  Hence  it  occurs,  that  unless  very 
peculiar  circumstances  intervene,  small  nations  are  always  uni- 
ted to  large  empires  in  the  end,  either  by  force  or  by  their  own 
consent :  yet  I  am  unacquainted  with  a  more  deplorable  spec- 
tacle than  that  of  a  people  unable  either  to  defend  or  to  main- 
tain its  independence. 

The  Feilcrnl  system  Avas  created  with  the  intention  of  com- 
bining the  diiiereiit  ad\  antages  which  result  from  the  greater 
and  the  lesser  extent  of  nations;  and  a  single  glance  over  the 
United  States  of  America  sufiices  to  discover  the  advantages 
which  they  have  derived  fi'Oin  its  adoption. 

In  ij:reat  centralized  nations  the  leuislator  is  obliy-ed  to  im- 
part  a  character  of  uniformity  to  the  laws,  w  hicli  does  not  always 
suit  the  diversity  of  customs  and  of  districts ;  as  he  takes  no  cog- 


143 


ni/nnco  ofspori;!)  ras(>s,  lio  rnii  only  prorrod  upon  ironrrril  prin- 
ciples; ;in(l  the  population  i-;  oldiu'cd  lo  conloi'm  to  tin*  cxiirt'ii- 
v'u's  of  tin?  lom'islntion,  since  tlio  li'^ishtion  rannot  adapt  itscll' to 
the  cxi^rncii's  and  nistonis  o('  the  |)opnlation  ;  wliicli  is  tlie  I'anso 
ot'  t-ndlcss   ti'onhio   and  nii^crv.     Tliis  disiidviinlauc  docs   not 
exist  in  cond'dcrations  ;  Coniifcss  rcyulntcs  tlic  principal  meas- 
ures of  the   national  (jovernnient,  and  a'l  the  details  of  the   ad- 
ministration  are  reserved   to  the    provincial    leuishtin'cs.     It   is 
impossible  to  imagine  how  much  this  (Km  ision  orso\('reiu:ntV('oii- 
irihntes  to   the  well-hcini;-  of  each  of  the  St  it(>s  which  compose 
th(!  Union.      In   these  small  communities  which   are  nexcr   agi- 
tated h\  the  desire  of  au'i::randi7-emcnt  or  the  cares  of  sell-defence, 
all  public   authority  and  private  <'neriiy  is  employed  in   internal 
anudioration.     The  central  (lovernment  of  ench  Stale,  which  is 
in    iimnj'diate  juxtaposition  to  the  citi/,eiis,  is  daily  appri^ed   of 
the  wants  which  arise  in  society  ;  and  new  projects  are  ])ro[)ose(l 
every  year,   which  are  discussed   either  at  town-meetinus  or  hy 
the  letiisliiture  of  the  State,   and  which   are  transmitted  by  the 
press   to   stimulate    the   7.eal   and    to    excite   the    interest   of  the 
citizens.      This  spirit  of  amelioration  is   constantly  ali\'e  in  the 
American  repid)lics,  \\  ithont   compromisiii'j,'   their   tranquillity  ; 
the  ambition  of  power  yields  to  the  less  relined  and  less  danii^er- 
ous  love  of  comfort.      \t  is  j;-enerally  believed  in    America  that 
the  existence  and  the  pcrnianoice  of  the  n'publican  form  of  liov- 
ernment  in  the  New  World  de))en<l  upon  the  twistence   and  the 
permanence  of  the  Federal  system;  and  it  is  not  imusual  to  at- 
tribute a  large  share  of  tli(>  misfortunes  which  have  befallen  the 
New  Slates  of  South  Ain(M'ica  to  the  injudicious  erection  of  <i,reat 
republics,  instead  ot"  a  divided  and  confederate  soverei^ntx . 

It  is  incontestably  true  that  the  love  aiul  the  hahits  of  repub- 
lican fi^ovennnent  in  the  United  States  were  eiiuendered  in  the 
townships  and  in  the  provincial  assemblies.  In  a  small  State, 
like  that  of  (Connecticut  for  instan<-e,  wh(>re  cuttinri  a  canal  or 
layin;;'  down  a  road  is  a  momentous  political  'piestion,  where 
the  State  has  no  army  to  pay  and  no  wars  to  carry  on,  and  where 
much  wealth  and  nnu  h  honor  cannot  be  bestowed  upon  the 
chief  citizens,  no  form  of  li'ovcrnnient  can  be  more  natural  or 
more  appropriate  than  that  of  a  republic.  15ut  it  is  this  same 
repid)lican  s[)irit,  it  is  these  mamu'rs  and  customs  of  a  (ree  peo- 
ple, which  are  eni^enderetl  and  nurtiu'ed  in  the  dilferent  States,  to 
be  afterwards  aj)plied  to  the  coimtry  at  large.  Tiie  })iddic  spirit 
of  the  Union  is,  so  to  speak,  nothins;'  more  than  an  abstract  of 
the  patriotic  7,eal  of  the  provinces.     Every  citizen  of  the  United 


;.   I 


411 


H' 
M. 


1; 


lit' 


I 
1 


;  t 


144 


States  transfuses  his  attacliment  to  his  little  republic  into  the  com- 
mon store  of  American  patriotism.  In  defending  the  Union,  he 
defends  tlie  increasing  prosperity  of  his  own  district,  the  right 
of  conducting  its  affairs,  and  the  hope  of  causing  measures  of 
improvement  to  be  adopted  which  may  be  favorable  to  his  own 
interests  ;  and  these  are  hiotives  which  are  wont  to  stir  men  more 
readily  than  the  general  interests  of  the  country  and  the  glory 
of  the  nation. 

On  the  other  hand,  if  the  temper  and  the  manners  of  the  in- 
habitants especially  fitted  tliein  to  promote  the  welfare  of  a  great 
republic,  the  Federal  system  smoothed  the  obstacles  which  they 
might  have  encountered.  The  confederation  of  all  the  Ameri- 
can States  presents  none  of  the  ordinary  disadvantages  resulting 
from  great  agglomerations  of  men.  The  Union  is  a  grctt  repub- 
lic in  extent,  but  tlie  paucity  of  objects  jbr  which  its  Government 
pro>  ides  assimilates  it  to  a  small  State.  Its  acts  are  important, 
but  tlh'V  are  rare.  As  the  sovenMgnty  of  the  Union  is  limited 
and  incomplete,  its  exercise  is  not  incompatible  with  li))erty  ;  for 
it  does  not  excite  those  insatiable  desires  of  fune  and  power 
which  have  proved  so  fatal  to  great  rej)ublics.  As  there  is  no 
common  centre  to  the  country,  vast  capital  cities,  colossal 
wevdth,  abject  poverty,  and  sudd'  ii  revohitions  are  alike  un- 
known ;  and  ])olitical  j)assion,  instead  of  spreading  over  the  land 
like  a  torrent  of  desolation,  spends  its  strengtii  against  the  inter- 
ests and  :lie  indi\i(hial  j)assi()iis  of  every  State. 

.\('^•(M•th(■l('ss,  all  coininodifies  and  ideas  circulate  throughout 
the  I'nion  as  (ri'<'ly  as  in  a  coinitry  inlialiited  by  one  people. 
Nothinu  checks  the  >|)irit  of  enterprise.  The  Government  a\  aUs 
itself  of  the  assistance  of  all  who  have  talents  or  knowledcre  to 


serve  it.      Within   the   Irontiers   of  the   L 


nion    the  |)rolbunde,st 


peace  prevails,  its  nitliin  tlie  heart  of  some  yreaf  empire  ;  abroad, 
it  ranks  with  the  most  powerlul  nations  of  the  earth:  two  thou- 
sand miles  of  coast  are  open  to  the  connnerce  of  the  world  ;  and 
as  it  possesses  the  k(y  s  of  the  globe,  its  (lae^  is  respected  in  the 
most  ren;ofe  seas.  The  Union  is  as  iiiippy  and  as  free  as  a  small 
people,  and  as  glorioii*  and  as  strong  as  a  great  iiation. 


145 


WHY  THE  FEDERAL  SYSTEM  IS  NOT  ADAPTED  TO  ALL  PEO- 
PLES, AND  HOW  THE  ANGLO-AMERICANS  WERE  ENABLED 
TO   ADOPT   IT. 


cliout 
ople. 

nfP    to 
il(l(>St 

(»a(l, 

thoii- 

aiul 

II  till' 

small 


Every  Federal  system  contains  defects  which  baffle  the  efforts  of  the  legislator.— 
The  Federal  system  is  complex. — It  demands  a  daily  exercise  of  discretion  on 
the  part  of  the  citizens — Practical  knowledge  of  government  common  amongst 
the  Americans. — Relative  weakness  of  the  Government  of  the  Union,  another 
defect  inherent  in  the  Federal  system. — The  Americans  have  diminished  with- 
out remedying  it. — The  Sovereignty  of  the  separate  States  apparently  weaker, 
bnt  really  stronger,  than  that  of  the  Union. — Why. — Natural  causes  of  union 
must  exist  between  confederate  peoples  beside  the  laws. — What  these  causes 
are  amongst  the  Anglo-Americans. — Maine  and  Georgia,  separated  by  a  dis- 
tance of  a  thousand  miles,  more  naturally  united  than  Normandy  and  Britany. — 
War,  the  main  peril  of  confederations. — This  j.oved  even  by  the  example  of 
the  United  States. — The  Union  has  no  great  w  i' ,  to  fear. — \Vhy. — Dangers  to 
which  Europeans  would  be  exposed  if  they  adopted  the  Federal  system  of  the 
Americans. 

When  a  legislator  succeeds,  after  persevering  efforts,  in  ex- 
ercisino;  an  indirect  influence  upon  the  destiny  of  nation?,  his 
genius  is  lauded  by  mankind,  whilst  in  point  of  fact,  the  geogra- 
phical position  of  the  country  which  he  is  unable  to  change,  a 
social  condition  which  arose  without  his  co-operation,  manners 
and  opinions  which  he  cannot  trace  to  their  source,  and  an 
origin  with  which  he  is  unacquainted,  exercise  so  irresistible  an 
influence  over  the  courses  of  society,  that  he  is  himself  borne 
away  by  the  current,  after  an  ineffectual  resistance.  Lihe  the 
navigator,  he  may  direct  the  vessel  which  bears  him  along,  but 
he  can  neither  change  its  structure,  nor  raise  the  winds,  no  •  lull 
the  waters  which  swell  beneath  him. 

I  have  shown  ti..^  advantages  which  the  Americans  derive 
from  their  Federal  system ;  it  remains  for  mo  to  point  out  the 
circumstances  which  render  that  system  practicable,  as  its  bene- 
fits are  not  to  be  enjoyed  by  all  nations.  The  incidental  defects 
of  the  Federal  system  which  originate  in  the  laws  may  be  cor- 
rected by  the  skill  of  the  legislator,  but  there  are  further  evils 
inherent  in  the  system  which  cannot  be  counteracted  by  the 
peoples  which  adopt  it.  These  nations  must  then  Tore  find 
the  strength  necessary  to  support  the  natural  imper  ijctions  of 
their  Government. 

The  most  prominent  evil  of  all  Federal  systems  is  the  very 
complex  nature  of  the  means  they  employ.     Two  so>  ereignties 
19 


ma 


If 


^""1 


m 


11 


I 


.I**"*" 


I 

1 


146 


are  nccessiirily  in  ])respiicc  of  each  oilier.  Tlic  lefz;Islator  may 
simplify  and  eqnali/e  the  action  of  tliose  two  sovereif^cntics,  hy 
limitint^  each  of  tliem  to  a  sphere  of  authority  accnrately  defined  ; 
but  he  cannot  combine  them  into  one,  or  j)revent  them  from 
comini?  into  collision  at  certain  ])oints.  The  Federal  systeni 
therefore  rests  upon  a  theory  uiiich  is  necessarily  comjdicated, 
and  wiiich  demands  the  daily  exercise  of  a  considerable  share  of 
discretion  on  the  part  of  those  it  lioverns. 

A  proposition  must  be  j)lain  to  be  adopted  by  the  understand- 
ini?  of  a  people.  A  false  notion  which  is  clear  and  precise  will 
always  meet  with  a  irreater  numl'cr  of  adherents  in  the  world 
than  a  true  principle  whicii  is  obscure  or  involved.  Hence  it 
arises  that  j)arties,  which  are  like  snr.dl  communities  in  the  heart 
of  the  nati'^n,  invariably  adopt  some  princi|)le  or  some  name  as 
a  symbol,  whicli  very  inadequately  re])resents  the  end  they  haN  e 
in  view  and  the  means  wJiich  are  at  their  disposal,  but  without 
which  they  could  neither  act  nor  su])sist.  The  Governments 
which  are  founded  ujion  a  sinule  ])rin(i|)le  or  a  siuule  feelinjj: 
which  is  easily  defiiu'd,  are  |)erhaps  not  the  best,  but  they  are 
unquestionably  the  stroniiest  and  the  most  durable  in  the  v.orld. 

In  examining'  the  Constitution  of  the  United  States,  wliich  is 
the  most  perfect  Federal  Constitution,  that  ever  existed,  one  is 
startled,  on  the  other  haiul,  at  the  ^  ariety  of  information  and 
the  excellence  of  discretion  nhich  It  presupposes  in  the  people 
whom  it  meant  to  govern.  The  Govi  rnmcnt  of  the  T  iiiou  de- 
pends entirely  upon  legal  fictions  ;  the  Union  is  an  ideal  nation 
which  oidy  exists  in  the  miiul,  and  whose  limits  and  extent  can 
only  be  discerned  by  the  uuderstamling. 

When  once  the  general  theory  is  comj)rehended,  mnnerous 
difficulties  remain  to  be  solved  in  its  application;  for  the  sove- 
reir,nty  of  the  Union  is  so  involved  in  that  of  the  States,  that  it 
is  impossible  to  distinguish  its  boundaries  at  the  first  glance. 
The  whole  structure  of  the  Govermnent  is  artificial  and  conven- 
tional ;  and  it  would  be  ill  adaj)ted  to  a  people  w  liich  has  not  been 
long-  accustomed  to  conduct  its  own  afiairs,  or  to  one  in  whicli 
the  science  of  politics  has  not  descended  to  the  humblest  classes 
of  society-  I  have  never  l)een  more  struck  hy  the  good  sense 
and  the  practical  judgment  of  the  Americans  than  in  the  inge- 
nious devices  by  which  they  elude  the  mnnberless  diliicidties  re- 
sulting from  their  Federal  Constitution.  1  scarcely  ever  nut 
with  a  plain  American  citi/en  who  could  not  distinginsh,  with 
surprising  facility,  the  obligations  created  by  the  laws  of  Congress 
from  those  created  by  the  laws  of  his  own  State  ;  and  who, 


147 


after  hnvinc^  (lUcrlinlnatod  bctvvoon  tlio  matters  wlilcli  come  under 
the  coo;ni7,ance  of  the  Union,  and  those  which  the  local  legisla- 
ture is  competent  to  reu;nlate,  could  not  point  out  the  exact  limit 
of  the  several  jurisdictions  of  the  Federal  Courts  and  the  tri- 
bunals of  the  State. 

The  Constitution  of  the  United  States  is  like  those  exquisite 
productions  of  human  industry  which  (>nsure  wealth  and  renown 
to  their  inventors,  hut  whicii  are  j^rofitless  in  any  other  hands. 
This  truth  is  exemplilied  by  die  condition  of  Mexico  at  the 
present  time.  Tlio  AFexicans  were  desirous  of  establishing'  a 
Federal  system,  and  they  took  the  Federal  Constitution  of  their 
neigh])ors  the  Anglo-Americans  as  tlieir  model,  anfl  copied  it 
with  consideral)le  accuracy.*  But  altliough  they  had  borrowed 
the  letter  of  the  law,  tliey  were  unable  to  create  or  to  introduce 
tiie  spirit  and  the  sense  which  give  it  life.  They  were  involved 
in  ceaseless  embarrassments  between  the  mechanism  of  their 
double  Ciovernment  ;  the  sovereigntx'  of  tlie  States  and  that  of 
the  U^nion  p(  rjietualU  exceeded  their  resj)ective  privileges,  and 
entered  into  collision  ;  and  to  the  present  day  Mexico  is  alter- 
nately the  \  ictim  ol' anarchy  and  the  slave  of  military  despotism. 

The  second  and  the  most  fatal  of  all  the  defects  I  have  allu- 
ded to,  and  that  v. liich  I  b('l!i'\e  to  be  inherent  in  the  Federal 
systen),  is  the  irlati\(>  weakness  of  the  (jovernment  of  the  Union. 
The  princi})!e  upon  which  all  confederations  rest  is  that  of  a  divi- 
ded sovereignty.  The  legislator  may  render  this  })artition  less 
percept ii)le,  lie  may  even  conceal  it  for  a  time  from  the  prblic 
o\c,  but  he  cannot  prevent  it  froni  existing  ;  and  a  divided  sc.e- 
reignty  must  always  be  less  })owerful  than  an  entire  supremacy. 
The  reader  has  sei  n  in  the  remarks  I  have  made  on  the  Con- 
stitution of  tho  cJnited  States,  that  the  Americans  have  displayed 
singular  inu<  nuily  in  combining  tlie  r(>striction  of  the  power  of 
the  Ihiion  uiiliin  the  narrow  limits  of  a  Federal  Government, 
with  the  sembk.uu'e,  and  to  a  certain  extent  with  the  force,  of  a 
national  (lovernment.  Jiy  ll»is  means  die  legislators  of  the 
Union  ha\('  ;.iicceeded  in  dnninishing,  though  not  in  counteract- 
ing, the  nalural  danucr  of  confederati:)ns. 

It  has  been  '.('marked  that  the  American  Government  does  not 
ajiply  itself  to  the  Stat(^s,  but  that  it  immediately  transmits  its 
injunctions  to  the  citizens,  and  compels  thein  as  isolated  individ- 
uals to  comply  with  its  demands.  But  if  the  Federal  law  were  to 
clash  v.i.ii  the   interests  and   the  prejudices  of  a  State,  it  might 


I 


.«» 


If. 

.r         I 


'I 


*  See  the  Mexica-i  Constitution  of  18'i4. 


"■■ii 


148 


.4 


be  feared  that  all  the  citizens  of  that  State  would  conceive  them- 
selves to  be  interested  in  the  cause  of  a  single  individual  who 
should  refuse  to  obey.  If  all  the  citizens  of  the  biate  were  ag- 
grieved at  the  same  time  and  in  the  same  manner  by  ihe  autho- 
rity of  the  Union,  the  Federal  Government  would  vainly 
attempt  to  subdue  them  individually  ;  they  would  instinctively 
unite  in  the  common  defence,  and  they  would  derive  a  ready- 
prepared  organization  from  the  share  of  sovereignty  which  the 
institution  of  their  Strte  allows  them  to  enjoy.  Fiction  would 
give  way  to  reality,  and  an  v)rganized  portion  of  the  territory 
might  then  contest  the  central  authority. 

The  same  observation  holds  good  with  regard  to  the  Federal 
jurisdiction.  If  the  courts  of  the  Union  violated  an  important 
law  of  a  State  in  a  private  case,  the  real,  if  not  the  apparent 
contest  would  arise  between  the  aggrieved  State,  represented  by 
a  citizen,  and  the  Union  represented  by  its  courts  of  justice.* 

He  would  have  but  a  partial  knowledge  of  the  world  who 
should  imagine  that  it  is  possible,  by  the  aid  of  legal  fictions,  to 
prevent  men  from  finding  out  and  employing  those  means  of 
gratifying  their  passions  which  have  been  left  open  to  them  ; 
and  it  may  be  doubted  whether  the  American  legislators,  when 
they  rendered  a  collision  between  the  two  sovereignties  less 
probable,  destroyed  the  causes  of  such  a  misfortune.  But  it  may 
even  be  aflirmcd  that  they  were  unable  to  ensure  the  preponde- 
rance of  the  Federal  element  in  a  case  of  this  kind.  The  Union 
is  possessed  of  money  and  of  troops,  but  the  affections  and  the 
prejudices  of  the  people  are  in  the  bosom  of  the  States.  The 
sovereignty  of  the  Union  is  an  abstract  being,  which  is  connected 
with  but  lew  external  objects ;  the  sovereignty  of  the  States  is 
hourly  perceptible,  easily  understood,  constantly  active ;  and  if 
the  former  is  of  recent  creation,  the  latter  is  coeval  with  the 
people  itself.  The  sovereignty  of  the  Union  is  factitious,  that 
of  the  States  is  natural,  and  derives  its  existence  from  its  own 
simple  influence,  like  the  authority  of  a  parent.  The  supreme 
power  of  the  nation  only  anects  a  few  of  the  chief  interests  of 

*  For  imtance,  the  Union  possesses  by  the  Constitution  the  right  of  scllinij 
unocupied  iiinds  for  its  own  profit.  Siipposiiij^  tiiat  tiie  Slato  of  Ohio  shoiilil 
claim  tlie  same  right  in  belialf  of  certain  territories  lying  within  its  honuilinits, 
upon  the  plea  that  the  Constitution  refers  to  those  lanJs  alone  which  do  not  be- 
long to  the  jiirisdietion  of  any  particular  Statts,  and  conseipiriit'y  shoidd  choowi) 
to  dispose  of  them  itself  the  litrgation  woui.i  he  carried  oa  in  iho  nuitiU'*  of  tho 
purchasers  from  the  State  of  Ohio,  and  the  purchas"rs  lV(nu  the  I'nion,  diuI  not  in 
the  names  of  Ohio  and  the  Union.  Rntwh  i  would  become  ol  ihis  le/al  fic- 
tion if  the  Federal  purchaser  was  contitmed  uv  his  right  bv  ilui  courts  of  the  Union, 
whilst  the  oMier  competitor  waa  ordered  to  rutuiu  ^tOMt^wion  by  the  tribunals  of 
the  State  of  Oliio  ? 


149 


who 

ms,  to 
ms  of 
them  ; 
when 
ps  less 
it  may 
)onde- 
Union 
(I  the 
The 
nected 
ates  is 
nd  if 
h   the 
that 
own 
)reme 
sts  of 

'sollins; 

hIwiuIiI 
liilcii'irs, 
liiot  lu- 
Irlioosi' 

|l  hill  in 
/al  tic- 
lUiiion, 
linula  of 


society;  it  represents  an  immense  but  remote  country,  and 
claims  a  feeling  of  patriotism  which  is  vague  and  ill  defined  ; 
but  the  authority  of  the  States  controls  every  individual  citizen 
at  every  hour  and  in  all  circumstances ;  it  protects  his  property, 
his  freedom  and  his  life  ;  and  when  we  recollect  the  traditions, 
the  customs,  the  prejudices  '>f  local  and  familiar  attachment  with 
which  it  is  connected,  we  cannot  doubt  of  the  superiority  of*  a 
power  which  is  interwoven  with  every  circumstance  that  renders 
the  love  of  one's  native  country  instinctive  to  the  human 
heart. 

Since  legislators  are  unable  to  obviate  such  dangerous  colli- 
sions as  occ  ur  between  the  two  sovereignties  which  co-exist  in 
the  Federal  system,  their  first  object  must  be,  not  only  to  dis- 
suade the  confederate  States  from  warfare,  but  to  encourage 
such  institutions  as  may  promote  the  maintenance  of  peace. 
Hence  it  results  that  the  Federal  compact  cannot  be  lasting 
unless  there  exists  in  the  communities  which  are  leagued  to- 
gether, a  certain  number  of  inducements  to  union  which  render 
their  common  dependence  agreeable,  and  the  task  of  the  govern- 
ment light ;  and  that  system  cannot  succeed  without  the  presence 
of  favorable  circumstances  added  to  the  influence  of  good  laws. 
All  the  peoples  which  have  ever  formed  a  confederation  have 
been  held  together  by  a  certain  number  of  common  interests, 
which  served  as  the  intellectual  ties  of  assooituion. 

But  the  sentiments  and  the  principles  of  man  must  be  taken 
into  consideration  as  Avell  as  his  immediate  interest.  A  certain 
uniformity  of  civilization  is  n<>t  less  necessary  to  the  durability 
of  a  confederation,  than  a  uniformity  of  interests  in  the  States 
which  compose  it.  In  Switzerland  the  difference  which  exists 
between  the  Canton  of  Vri  and  the  Canton  of  V  and  is  equal  to 
that  between  tlie  fifteenth  and  the  ninetvNMitii  centuries ;  and, 
properly  speaking,  Switzerland  has  never  possessed  a  Federal 
Governmr  u  The  Uni.>n  betv^een  these  two  Cantons  only  sub- 
sists upon  i\w  map ;  nuyl  their  discrepancies  w Duld  soon  be  per- 
ceived if  an  atu-nipt  were  aitulo  by  a  central  authority  to  pre- 
scribe the  same  laws  to  the  whole  tirritory. 

One  of  »!ie  riicnmstances  which  most  powerfully  contribute  to 
Rttpport  (he  Federal  Government  in  America,  is  that  the  States 
hav  .K)t  oidy  similar  interests,  a  common  origin,  and  a  common 
tongue,  but  that  they  are  also  arrived  at  the  same  stage  of  civili- 
zation ;  which  almost  always  renders  a  union  feasible.  I  do 
not  know  of  any  European  nation,  how  small  soever  it  may  be, 
which  does  not  present  less  uniformity  in  its  diffen^nt  provinces 


■2  A  »*""« 


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150 


I 


than  the  Amorican  people,  which  occupies  a  territory  as  exten- 
sive as  one  half  of  Europe.  The  distance  from  the  State  of 
Maine  to  that  of  Georgia  is  reckoned  at  about  one  thousand 
miles ;  but  the  difference  between  the  civilization  of  Maine  and 
that  of  Georgia  is  slighter  than  the  diflerence  between  the  habits 
of  Normandy  and  those  of  Britany.  Maine  and  Georgia,  which 
are  placed  at  the  opposite  extremities  of  a  great  en>pire,  are  con- 
sequently in  the  natural  possession  of  more  resjl  inducements  to 
form  a  confederation  than  Normandy  and  Britany,  which  arc 
only  separated  by  a  bridge. 

The  geographical  position  of  the  country  contributed  to  in- 
crease the  facilities  which  the  American  legislators  derived  from 
the  manners  and  customs  of  the  inhabitants ;  and  it  is  to  this 
circumstance  thai  the  adoption  and  the  maintenance  of  the 
Federal  system  is  mainly  attributable. 

The  most  importanic  occurrence  which  can  mark  the  annals 
of  a  people  is  the  breaking  out  of  a  war.  In  war  a  people 
struggles  with  the  energy  of  a  single  man  against  foreign  nations, 
in  the  defence  of  its  very  existence.  The  skill  of  a  Govern- 
ment, the  good  sense  of  the  community,  and  the  natural  fond- 
ness which  men  entertain  for  their  country,  may  suflicetoiu^i)?- 
tain  peace  in  the  interior  of  a  district,  and  to  favor  its  m1'  ^>i:.J 
prosperity :  but  a  nation  can  only  carry  on  a  great  war  <it  tiie 
cost  of  more  numerous  and  more  painful  sacrifices ;  and  to  sup- 
pose that  a  great  number  of  men  will  of  their  own  accord  com- 
ply with  these  exigencies  of  the  State,  is  to  betray  an  ignorance 
of  mankind.  All  the  peoples  whicii  have  been  obliged  to  sus- 
tain a  long  and  serious  Avarfare  have  consequently  been  led  to 
augment  the  power  of  their  Government.  Those  which  have 
not  succeeded  in  this  attempt  have  been  subjugated.  A  long 
war  almost  always  places  nations  in  the  Mretched  alternative  of 
being  abandoned  to  ruin  by  defeat,  or  to  despotism  by  success. 
War  therefore  renders  the  symptoms  of  the  weakness  of  a 
government  most  palpable  and  most  alarming ;  and  I  have 
shown  that  the  inherent  defect  of  Federal  Governments  is  tiiat 
of  being  weak. 

The  Federal  system  is  nf.t  only  deficient  in  every  kind  of 
centralized  administration,  but  ihe  central  govennncnt  itseh'  is 
imperfectly  organized,  which  is  invariably  an  influential  cause 
of  inferiority  when  the  nation  is  ojjposed  to  other  countries 
which  are  tlieniselves  governed  by  a  single  authority.  In  the 
Federal  Constitution  of  the  United  States,  by  whicii  the  central 
Government  possesses  more  real  for<e,  this  evil  is  still  extremely 
sensible.     An  examj)le  will  illustrate  the  case  to  the  reader. 


151 


The  Constitution  confers  upon  Congress  the  right  of  "  calling 
forth  militia  to  execute  the  laws  of  the  Union,  suppress  insurrec- 
tions, and  repel  invasions  ;"  and  another  article  declares  that 
the  President  of  the  United  States  is  the  commander-in-chief  of 
the  militia.  In  the  war  of  1812  the  President  ordered  the  militia 
of  tlie  Northern  States  to  march  to  the  frontiers  ;  but  Connec- 
ticut and  Massachusetts,  whose  interests  were  impaired  by  the 
war,  refused  to  obey  the  command.  They  argued  that  the 
Constitution  Miorizes  the  Federal  Govenmient  to  call  forth 
the  militia  in  cases  of  insurrection  or  invasion,  but  that  in  the 
present  instance  there  was  neither  invasion  nor  insurrection. 
They  added,  that  the  same  Constitution  which  conferred  upon 
the  Union  the  right  of  cilling  forth  the  militia,  reserved  to  the 
States  that  of  naming  the  olHcers  ;  and  that  consequently  (as 
they  understood  the  clause)  no  oflicer  of  the  Union  had  any 
right  to  conunand  the  militia,  even  during  war,  except  the  Pre- 
sident in  person  :  and  in  this  case  they  were  ordered  to  join  an 
army  commanded  by  another  individual.  These  absurd  and 
pernicious  doctrines  received  the  sanction  not  only  of  the  Gov- 
ernors and  Ijcgislative  bodies,  but  also  of  the  courts  of  justice  in 
both  States ;  and  the  Federal  Government  was  constrained  to 
raise  elsewhere  the  troops  which  it  required.* 

The  only  safeguard  \\  hich  the  American  Union,  with  all  the 
relati>  e  perfection  of  its  laws,  possesses  against  the  dissolution 
which  would  be  produced  by  a  great  war,  lies  in  its  probable 
exemption  from  that  calamity.  Plac(;d  in  the  centre  of  an  im- 
mense continent,  which  oilers  a  boundless  field  for  human  in- 
dustry, the  Union  is  almost  as  much  insulated  from  the  world  as 
if  its  frontiers  were  girt  by  the  Ocean.  Canada  contains  only 
a  million  of  inhabitants,  and  its  population  is  divided  into  two 
inimical  nations.  The  rigor  of  the  climate  limits  the  exten- 
sion of  its  territory,  and  shuts  up  its  ports  (luring  the  six  months 
of  ^^  inter.  From  Canada  to  the  Gulf  of  Mexico  a  few  savage 
tribes  are  to  be  met  with,  which  retire,  perishing  in  their  retreat, 
before  six  thousand  soldiers.     To  the  South,  the  Union  has  a 

*  Kent's  Coinineiitaries,  vol.  i.  p.  244,  I  liave  selected  an  example  which  re- 
lates to  a  timi;  posterior  to  tlic  promulgation  of  the  present  Constitution.  If  I 
had  ffone  back  to  the  days  of  the  Confederation,  1  might  have  given  still  more 
strikmg  instances.  The  whole  nation  was  at  that  time  in  a  state  of  enthnsiastic 
excitement;  the  Revolution  was  represented  by  a  man  who  was  the  idol  of  the 
people  ;  but  at  that  very  period  Congress  had,  to  say  the  truth,  no  resources  at 
all  at  its  disposal.  Troops  and  supplies  were  perpetually  wanting.  The  best 
devised  proj(;cts  failed  in  the  execution,  and  the  Union,  which  was  constantly  on 
the  verge  of  destruction,  was  saved  by  the  vvealiuess  of  its  enemies  far  more  thah 
by  its  own  strength. 


aBj4':;*l"«l»«** 


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IT 
X 


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I 


152 


I 

} 
I 


point  of  contact  with  the  empire  of  Mexico ;  and  it  is  thence 
that  serious  hostilities  may  one  day  be  expected  to  arise.  But 
for  a  long  while  to  come  the  uncivilized  state  of  the  Mexican 
community,  the  depravity  of  its  morals,  and  its  extreme  poverty, 
will  prevent  that  country  from  ranking  high  amongst  nations. 
As  for  the  powers  of  Europe,  they  are  too  distant  to  be  formida- 
ble. 

The  great  advantage  of  the  United  States  does  not,  then, 
consist  in  a  Federal  Constitution  which  allows  them  to  carry  on 
great  wars,  but  in  a  geographical  position  which  renders  such 
enterprises  improbable. 

No  one  can  be  more  inclined  than  I  am  myself  to  appreciate 
the  advantages  of  the  Federal  system,  which  I  hold  to  be  one  of 
the  combinations  most  favorable  to  the  prosperity  and  freedom 
of  man.  I  envy  the  lot  of  those  nations  which  have  been  en- 
abled to  adopt  it ;  but  I  cannot  believe  that  any  confederate 
peoples  could  maintain  a  long  or  an  equal  contest  with  a  nation 
of  similar  strength  in  which  the  Government  should  be  cen- 
tralized. A  people  which  should  divide  its  sovereignty  into  frac- 
tional powers,  in  the  presence  of  the  great  military  monarchies 
of  Europe,  would  in  my  opinion,  by  that  very  act,  abdicate  its 
power,  and  perhaps  its  existence  and  its  name.  But  such  is  the 
admirable  position  of  the  New  World,  that  man  has  no  other 
enemy  than  himself ;  and  that  in  order  to  be  happy  and  to  be 
free,  it  suffices  to  seek  the  gifts  of  prosperity  and  the  knowledge 
of  freedom. 


f 


153 


CHAPTER  IX. 


I  HAVE  hitherto  examined  the  institutions  of  the  United 
States  ;  I  have  passed  their  legishuion  in  review,  and  I  have 
depicted  the  present  ciiaracteristics  of  political  society  in  that 
country.  But  a  sovereign  power  exists  ahove  these  institu- 
tions and  beyond  these  characteristic  features  whicli  may  de- 
stroy or  modify  them  at  its  pleasure  ;  I  mean  that  of  the  peo- 
ple. It  remains  to  be  shown  in  what  manner  this  power,  which 
regulates  the  laws,  acts :  its  propensities  and  its  passions  re- 
main to  be  pointed  out,  as  well  as  the  secret  springs  which  re- 
turd,  accelerate,  or  direct  its  irresistible  course  ;  and  the  effects 
of  its  unbounded  authority,  with  the  destiny  which  is  probably 
reserved  for  it. 


WHY  THE  PEOPLE  MAY  STRICTLY  BE  SAID  TO  GOVERN  IN  THE 

UNITED.  STATES. 

In  America  the  people  appoints  the  legislative  and  the  exe- 
cutive power,  and  furnishes  the  jurors  who  punish  all  offences 
against  the  laws.  The  American  institutions  are  democratic, 
not  only  in  their  principle  but  in  all  their  consequences  j  and 
the  people  elects  its  representatives  dirccthj,  and  for  the  most 
part  anntialli/,  in  order  to  insure  their  dependence.  The  peo- 
ple is  therefore  the  real  directing  power  ;  and  although  the  form 
of  government  is  representative,  it  is  evident  that  the  opinions, 
the  prejudices,  the  interests,  and  even  the  passions  of  the  com- 
munity are  hindered  by  no  durable  obstacles  from  exercising  a 
perpetual  influence  on  society.  In  the  United  States  the  ma- 
jority governs  in  the  name  of  the  people,  as  is  the  case  in  all 
the  countries  in  which  the  people  is  supreme.  This  majority  is 
principally  composed  of  peaceable  citizens,  who,  either  by 
inclination  or  by  interest,  are  sincerely  desirous  of  the  welfare 
of  their  country.  But  they  are  surrounded  by  the  incessant 
agitation  of  parties,  which  attempt  to  gain  their  co-operation 
and  to  avail  themselves  of  their  support. 

20 


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154 


CHAPTER  X. 


PARTIES    IN    THE    UNITED    STATES. 


II      I 


I 

ti 

! 

4 
I 


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1     .'^ 


Great  division  to  be  made  between  parties. — Parties  which  are  to  each  other  as 
rival  nations. — Parties  properly  so  called.  — DilFerence  between  great  and  small 
parties. — Epochs  which  produce  them. — Tlieir  characteristics. — .America  has 
had  great  parties. — Tiiey  are  e.xlinct. — Federahsts. — Republicans. —  Defeat  ol' 
the  Federalists. — Difficulty  of  creating  parties  in  the  United  Slates. — What  is 
done  with  this  intention. — Aristocratic  and  democraiic  character  to  be  met  with 
in  all  parties. — Struggle  of  General  Jackson  against  the  Bank. 

A  GREAT  division  must  be  made  between  parties.  Some  coun- 
tries are  so  large  that  the  difl'ercnt  populations  which  inhabit 
them  have  contradictory  interests,  although  they  are  the  sub- 
jects of  the  same  Goverinnci.t ;  and  they  may  thence  be  in  a 
perpetual  state  of  opposition.  In  this  case  the  dinerent  frac- 
tions of  the  people  may  more  properly  he  considered  as  distinct 
nations  than  as  mere  parties  ;  and  if  a  civil  v  ar  breaks  out,  the 
struggle  is  carried  on  by  rival  peoples  rather  than  by  factions 
in  the  State. 

But  when  the  citizens  entertain  diflercnt  opinions  upon  sub- 
jects which  affect  the  whole  country  alike,  such  for  instance, 
as  the  principles  upon  which  the  government  is  to  be  conducted, 
then  distinctions  arise  which  may  correctly  be  styled  parties. 
Parlies  are  a  necessary  evil  in  free  governments  ;  but  they  have 
not  at  all  times  the  same  character  and  the  same  propensities. 

At  certain  periods  a  nation  may  be  oppressed  by  such  itisnp- 
portable  evils  as  to  conceive  the  design  of  efl'ccting  a  tal 
change  in  its  political  constitution  ;  at  other  times  the  mischief 
lies  still  deeper,  and  the  existence  of  society  itself  is  endan- 
gered. Such  are  the  times  of  great  revolutions  and  of  great 
parties.  But  between  these  epochs  of  misery  and  of  confusion 
there  are  periods  during  which  human  society  seems  to  rest,  and 
mankind  to  make  a  pause.  This  pause  is,  indeed,  only  appa- 
rent ;  for  time  does  not  stop  its  course  for  nations  any  more 
than  for  men  ;  they  are  all  advancing  towards  a  goal  with  w  hich 
they  are  unacquainted  ;  and  we  only  imagine  iliem  to  be  sta- 
tionary when  their  progress  escapes  our  observation  ;  as  men 
who  are  going  at  a  foot  pace  seera  to  be  standing  still  to  those 
who  run. 


mi 


155 


But  however  this  may  he,  there  are  certain  epochs  at  wlilch 
the  chant:;es  that  taUc  |)lace  in  the  social  and  political  constitu- 
tion of  nations  are  so  slow  and  so  insensible,  that  men  imagine 
their  present  condition  to  he  a  final  state  ;  and  the  human  mind, 
helievinc^  itself  to  he  firmly  based  upon  certain  foundations, 
docs  not  extend  its  researches  beyond  the  horizon  which  it 
descries.  These  arc  the  times  of  small  parties  and  of  intrigue. 
The  political  parties  which  I  style  great  are  those  which  cling 
to  principles  more  than  to  consequences  ;  to  general,  and  not  to 
especial  cases  ;  to  ideas,  and  not  to  men.  These  parties  are 
usually  distinguished  by  a  nobler  character,  by  more  generous 
passions,  more  genuine  convictions,  and  a  more  bold  and  open 
conduct,  than  the  others.  In  them,  private  interest,  which 
always  plays  the  chief  part  in  political  passions,  is  more  studi- 
ously veiled  under  the  pretext  of  the  public  good  ;  and  it  may 
evtn  be  sometimes  concealed  from  the  eyes  of  the  very  person 
whom  it  excites  and  impels. 

Minor  parties  are,  on  the  other  hand,  generally  deficient  in 
political  faith.  As  they  are  not  sustained  or  dignified  by  a 
lofty  purpose,  they  ostensibly  display  the  egotism  of  their  cha- 
racter in  their  actions.  They  glow  with  a  factitious  zeal ;  their 
language  is  vehement,  but  their  conduct  is  timid  and  irresolute. 
The  means  they  employ  are  as  wretched  as  the  end  at  which 
they  aim.  Hence  it  arises  that  when  a  calm  state  of  things  suc- 
ceeds a  violent  revolution,  the  leaders  of  society  seem  suddenly 
to  (lisni)pcar,  and  the  powers  of  the  human  mind  to  lie  concealed. 
Socici>  ,s  convulsed  by  great  parties,  by  minor  ones  it  is  agi- 
tated ;  it  is  torn  by  the  former,  by  the  latter  it  is  degraded  ; 
and  if  these  sometinu's  save  it  by  a  salutary  perturbation,  those 
invariably  disturb  it  to  no  '^ood  end. 

America  has  already  lo.s  lie  great  parties  which  once  divided 
the  nation  ;  and  if  her  happ..iessis  considerably  increased,  her 
morality  l»;is  sufi'ered  by  their  extiiwlion.  \\  hen  the  War  of 
Independence  was  terminated,  and  the  fofjndations  of  the  new 
Government  were  to  be  laid  down,  the  nation  was  divided  be- 
tween two  opinions, —  two  ■ 'pinions  which  areasoM  as  the  world, 
and  which  are  perpetually  to  be  met  with  under  ill  the  fi)rms 
and  all  the  names  which  have  ever  obtained  in  free  conummi- 
ties,  —  the  one  tending  to  limit,  the  other  to  extend  indefinitely, 
the  power  of  the  [)eople.  The  conllict  of  these  two  opinions 
never  assumed  that  degree  of  violence  in  America  w hich  it  has 
frequently  displav t  (i  elsewhere.  Both  parties  of  the  Americans 
were  in  fact  agived  'tpon  the  most  essential  points  ;  and  neither 


I 


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of  them  had  to  destoy  a  traditionary  constitution,  or  to  over- 
throw the  structure  of  society,  in  order  to  ensure  its  own  tri- 
umph. In  neither  of  them,  consequently,  were  a  great  num- 
ber of  private  interests  affected  by  success  or  by  defeat ;  but 
moral  principles  of  a  high  order,  such  as  the  love  of  equality 
and  of  independence,  were  concerned  in  the  struggle,  and  they 
sufficed  to  kindle  violent  passions. 

The  party  which  desired  to  limit  the  power  of  the  people, 
endeavored  to  apply  its  doctrines  more  especially  to  the  Con- 
stitution of  the  Union,  whence  it  derived  its  name  of  Federal. 
The  other  party,  which  affected  to  be  more  exclusively  attached 
to  the  cause  of  liberty,  took  that  of  Reimhlican.  America  is  the 
land  of  democracy,  and  the  Federalists  were  always  in  a  mino- 
rity ;  but  they  reckoned  on  their  side  almost  all  the  great  men 
who  had  been  called  forth  by  the  War  of  Independence,  and 
their  moral  influence  was  very  considerahle.  Their  cause,  was, 
moreover,  favored  by  circumstances.  The  ruin  of  the  Con- 
federation  had  impressed  the  people  with  a  dread  of  anarchy, 
and  the  Federalists  did  not  fail  to  profit  by  this  transient  dispo<. 
sition  of  the  multitude.  For  ten  or  twelve  years  they  were  at 
the  head  of  affairs,  and  they  were  able  to  apply  some,  though 
not  all,  of  their  principles;  for  the  hostile  current  was  becom- 
ing from  day  to  day  too  violent  to  be  checked  or  Stemmed.  In 
1801  the  Republicans  got  possession  of  the  Ciovernment : 
Thomas  Jefferson  was  named  President ;  and  he  increased  the 
influence  of  their  party  by  the  weight  of  his  celebrity,  the 
greatness  of  his  talents,  and  the  immense  extent  of  his  popu- 
larity. 

The  means  by  which  the  Federalists  had  maintained  their 
position  were  artificial,  and  their  resourc(^s  were  teiuporarv  :  It 
was  by  the  virtues  or  the  talents  of  their  leaders  that  they  hiid 
risen  to  power.  When  the  republicans  attained  to  that  lofty 
station,  their  opponents  v  ere  overwhelmed  by  utter  defeat.  An 
immense  majority  declared  itself  against  the  retiiing  party,  aiui 
the  Federalists  Ibuiid  themsj'lves  in  so  small  a  minority,  that  they 
at  once  despaired  of  their  future  success.  From  that  moment 
the  Republican  or  Democratic  party  has  proceeded  liom  con- 
quest to  conquest,  until  it  has  acquired  absolute  supremacy  in 
the  country.  The  Federalists,  perceiving  that  they  were  van- 
quished without  resource,  and  isolated  in  (he  midst  of  the  nation, 
fell  into  two  divisions,  of  \\  Inch  one  joined  the  victorious  Repub- 
licans, and  the  other  abandoned  its  rallying-point  and  its  name. 


157 


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Many  years  have  already  elapsed  since  they  ceased  to  exist  as  a 
party. 

1  he  accession  of  the  Federalists  to  power  was,  in  my  opinion, 
one  of  the  most  fortunate  incidents  which  accompanied  the  forma- 
tion of  the  great  American  Union  :  they  resisted  the  inevitable 
propensities  of  tlieir  age  and  of  the  country.  But  whether  their 
theories  were  good  or  had,  they  had  the  defect  of  being  inappli- 
cable, as  a  system,  to  the  society  which  they  professed  to  govern  ; 
and  diat  which  occured  under  the  auspices  of  Jefferson,  must 
therelbre  have  taken  place  sooner  or  later.  But  their  Govern- 
ment gave  the  new  repul)lic  time  to  acquire  a  certain  stability, 
and  afterwards  to  support  the  rapid  growth  of  the  very  doctrines 
which  tiiey  had  combated.  A  considerable  number  of  their  prin- 
ciples were  in  point  of  lact  embodied  in  the  political  creed  of 
their  opponents ;  and  the  Federal  Constitution,  which  subsists 
at  tlie  present  day,  i  a  lasting  monument  of  their  patriotism  and 
their  wisdom. 

Great  political  parties  arc  not,  then,  to  be  met  with  in  the 
United  States  at  the  present  time.  Parties,  indeed,  maj-  be 
found  which  threaten  tlie  future  tranquillity  of  the  Union;  but 
there  are  none  which  seem  to  contest  the  j)rescnt  form  of  Govern- 
ment, or  the  present  course  of  society.  Tlie  jiarties  by  which 
the  Union  is  menaced  do  not  rest  upon  abstract  principles,  but 
upon  temporal  interests.  These  interests  disseminated  in  the  pro- 
vinces of  so  vast  an  emjiire,  may  be  said  to  constitute  rival  nations 
rather  than  parties.  Thus,  upon  a  recent  occasion,  the  North 
contended  lor  the  system  of  commercial  prohibition,  and  the  South 
took  uj)  arms  in  favor  of  free  trade,  simply  because  the  North 
is  a  manufacturing,  and  the  South  an  agricultural,  district ;  and 
that  the  restrictive  systcMii  which  was  profitable  to  the  one,  was 
prejudicial  to  the  other. 

in  tiie  absence  of  great  jiarties,  the  United  States  abound  with 
lesser  controversies ;  and  ])ublic  ()j)iuit)n  is  divided  into  a  thou- 
sand minute  shades  of  did'erence  upon  questions  of  very  little 
moment.  The  jiains  which  are  taken  to  create  ])arties  are  in- 
conceivable, and  at  the  present  day  it  is  no  easy  task.  In  the 
United  States  there  is  no  religious  animosity,  because  all  reli- 
gion is  res|)ected,  and  no  sect  is  ])redoiuinaiit ;  there  is  no 
jealousv  of  rank,  because  the  peoj)le  is  everything,  and  none 
can  contest  its  authority  ;  lastly,  there  is  no  public  misery  to 
serve  as  a  means  of  agitation,  because  the  ])hysical  position  of 
the  country  opens  so  wide  a  field  to  industry,  that  man  is  able 
to  accomplish  the  most  suprising  undertakings  with  his  own  na- 


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tive  resources.  Nevertheless,  ambitions  men  are  interested  in 
the  creation  of  parties,  since  it  is  difficult  to  eject  a  person  from 
authority  upon  the  mere  ground  that  his  place  is  coveted  by 
others.  The  skill  of  the  actors  in  the  political  world  lies  there- 
fore in  the  art  of  creating  parties.  A  political  aspirant  in  the 
United  States  begins  by  discriminating  his  own  interest,  and  by 
calculating  upon  those  interests  which  may  be  collected  around, 
and  amalgamated  with  it :  he  then  contrives  to  discover  some 
doctrine  or  some  principle  which  may  suit  the  purposes  of  this 
new  association,  and  which  he  adopts  in  order  to  bring  forward 
his  party  and  to  secure  its  popularity :  just  as  the  imprimatur  of 
a  King  was  in  former  days  incorporated  with  the  volume  which 
it  authorized,  but  to  which  it  nowise  belonged.  When  these 
preliminaries  arc  terminated,  the  new  party  is  ushered  into  the 
political  world. 

All  the  domestic  controversies  of  the  Americans  at  first  ap- 
pear to  a  stranger  to  b*.  so  incomprehensible  and  so  puerile, 
that  he  is  at  a  loss  whether  to  pity  a  people  which  takes  such  ar- 
rant trifles  in  good  earnest,  or  to  envy  that  happiness  which 
enables  it  to  discuss  them.  But  when  he  comes  to  study  the 
secret  propensities  which  govern  the  factions  of  America,  he 
easily  perceives  that  the  greater  part  of  them  are  more  or  less 
connected  with  one  or  the  other  of  those  two  divisions  which 
have  always  existed  in  free  communities.  The  deeper  we  pene- 
trate into  the  working  of  these  parties,  the  more  do  we  perceive 
that  the  object  of  the  one  is  to  limit,  and  that  of  the  other  to  ex- 
tend, the  popular  authority.  I  do  not  assert  that  the  ostensible 
end,  or  even  that  the  secret  aim  of  American  parties  is  to  pro- 
mote the  rule  of  aristocracy  or  democracy  in  the  country ;  but  I 
affirm  that  aristocratic  or  democratic  passions  may  easily  be  de- 
tected at  the  bottom  of  all  parties,  and  that  although  they  escape 
a  superficial  observation,  they  are  the  main  point  and  the  very 
soul  of  every  faction  in  the  United  States. 

To  quote  a  recent  example  ;  when  the  President  attacked  the 
Bank,  the  country  was  excited,  and  parties  were  formed  ;  the 
well-informed  classes  rallied  round  the  Bank,  the  common 
people  round  the  President.  But  it  must  not  be  imngincd  that 
the  people  had  formed  a  rational  opinion  upon  a  question  which 
ofl'ers  so  many  diiiicultics  to  the  most  experienced  statesmen. 
The  Bank  is  a  great  establishment  which  enjoys  an  independent 
existence,  and  the  people,  accustomed  to  make  and  unn)ake 
whatsoever  it  pleases,  is  startled  to  meet  with  this  obstacle  to  its 
authority.     In  the  midst  of  the  perpetual  fluctuation  of  societ} , 


159 

the  conununitv  is  irritated  by  so  permanent  an  institution,  and 
is  led  to  attack  it,  in  order  to  see  whedier  it  can  be  shaken  and 
controlled,  like  all  the  other  institutions  of  the  country. 


REMAINS    OF    THE     ARISTOCRATIC     PARTY     IN     THE     UNITED 

STATES. 

Secret  opposition  of  wealthy  individuals  to  democracy. — Their  retirement. — 
Their  tasto  for  exchisive  pleasures  and  for  luxury  at  home. — Their  simplicity 
abroad. — Their  atiected  condescension  towards  tho  people. 

It  sometimes  happens  in  a  people  amongst  which  various  opi- 
nions prevail,  that  the  balance  of  the  several  parties  is  lost, 
and  one  of  them  obtains  an  irresistible  preponderance,  over- 
powers all  obstacles,  harrasses  its  opponents,  and  appropriates 
all  the  resources  of  society  to  its  own  purposes.  The  van- 
quished citizens  despair  of  success,  and  they  conceal  their  dis- 
satisfaction in  silence  and  in  a  general  apathy.  The  nation 
seems  to  be  governed  by  a  single  principle,  and  the  prevailing 
party  assumes  the  credit  of  having  restored  peace  and  una- 
nimity to  the  country.  But  this  apparent  unanimity  is  merely 
a  cloak  to  alarming  dissensions  and  perpetual  opposition. 

This  is  precisely  what  occurred  in  America  ;  when  the  de- 
mocratic party  got  the  upper  hand,  it  took  exclusive  possession 
of  the  conduct  of  affairs,  and  from  that  time  the  laws  and  the 
customs  of  society  have  been  adapted  to  its  caprices.  At  the 
present  day  the  more  aflluent  classes  of  society  are  so  entirely 
removed  from  the  direction  of  political  afl'airs  in  the  United 
States,  that  wealth,  far  from  conferring  a  right  to  the  exercise 
of  power,  is  rather  an  obstacle  than  a  means  of  attaining  to  it. 
The  wealthy  members  of  the  community  abandon  the  lists, 
through  unwillingness  to  contend,  and  frequently  to  contend  in 
vain,  against  the  poorest  classes  of  their  fellow-citizens.  They 
concentrate  all  their  enjoyments  in  the  privacy  of  their  homes, 
where  they  occupy  a  rank  which  cannot  be  assumed  in  public  ; 
and  the}'  constitute  a  private  societ}'  in  the  State,  which  has  its 
own  tastes  and  its  own  |)leasures.  They  submit  to  this  state  of 
things  as  an  irremediable  evil,  but  they  are  careful  not  to  show 
that  they  are  galled  by  its  continuance  ;  it  is  even  not  uncom- 
mon to  hear  them  laud  the  delights  of  a  republican  govern- 


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nient,  and  the  advantages  of  democratic  institntions  when  they 
are  in  public.  Next  to  hating  their  enemies,  men  are  most  in- 
clined to  flatter  them. 

Mark,  for  instance,  that  opulent  citizen,  who  is  as  anxious  as 
a  Jew  of  the  middle  ages  to  conceal  his  wealth.  His  dress  is 
plain,  his  demeanor  unassuming  ;  but  the  interior  of  his  dwelling 
glitters  with  luxurv,  and  none  but  a  few  chosen  guests  whom  he 
liaughtily  styles  his  equals  are  allo\>ed  to  penetrate  into  this 
sanctuary.  No  European  noble  is  more  exclusive  in  his  pleas- 
ures, or  more  jealous  of  the  smallest  advantages  which  his  privi- 
leged station  confers  uj)on  him.  But  the  very  same  individual 
crosses  the  city  to  reach  a  dark  counting-house  in  the  centre  of 
trafiiic,  where  every  one  may  accost  him  who  pleases.  If  he 
meets  his  cobbler  upon  the  w  ay,  they  stop  and  converse  ;  the 
two  citizens  discuss  the  affairs  of  'he  State  in  which  they  have 
an  equal  interest,  and  they  shake  hands  before  they  part. 

But  beneath  this  artificial  enthusiasm,  and  these  obsequious 
attentions  to  the  preponderating  power,  it  is  easy  to  perceive 
that  the  wealthy  members  of  the  community  entertain  a  hearty 
distaste  to  the  democratic  institutions  of  their  country.  The 
populace  is  at  once  the  object  of  their  scorn  and  of  their  fears. 
If  the  maladministration  of  the  democracy  ever  brings  about  a 
re\  olutionary  crisis,  and  if  monarchical  institutions  ever  become 
practicable  in  tiie  United  States,  the  truth  of  what  I  advance 
will  become  obvious. 

The  two  chief  weapons  which  parties  use  in  order  to  ensure 
success,  are  the  public  press,  and  the  formation  of  associations. 


V      I 


I 


161 


CHAPTER  XL 


LIBERTY    OF    THE    PRESS    IN    THE    UNITED    STATES. 


Difliciilty  of  reslraining  the  liberty  of  the  press. — Piirticular  reason'^  wliicli  some 
nations  liave  to  cherish  this  hberty. — The  liberty  of  the  press  ;i  necessary  con- 
Rpcpience  of  the  sovereignty  of  tiie  people  as  it  is  understood  in  Amerioa. — 
Violent  language  of  the  periodical  press  in  the  United  States. — Propensities  of 
the  periodical  press. — Illiistratrd  by  the  United  States. — Opinion  of  the  Ame- 
ricans npon  tiie  repression  of  the  ai)use  of  the  liberty  of  tiie  press  by  jndicial 
prosecutions. — Reasons  for  which  the  press  is  less  powerful  in  America  than 
in  France. 

The  influence  of  the  liberty  of  the  press  does  not  affect  political 
opinions  alone,  bi;t  it  extends  to  all  the  opinions  of  men,  and  it 
modifies  customs  as  well  as  laws.  In  another  part  of  this  work 
I  shall  attempt  to  determine  the  degree  of  influence  which  the 
liberty  of  the  press  has  exercised  upon  civil  society  in  the  United 
States,  and  to  point  out  the  direction  which  it  has  given  to  the 
ideas,  as  well  as  the  tone  which  it  has  imparled  to  the  character 
and  the  feelings,  of  the  Anglo-Americans,  but  at  present  I  pur- 
pose simply  to  examine  the  eflects  produced  by  the  liberty  of 
the  press  in  the  political  world. 

I  confess  that  I  do  not  entertain  that  firm  and  complete  at- 
tachment to  the  liberty  of  the  press,  which  things  that  are  su- 
premely good  in  their  very  nature  are  wont  to  excite  in  the 
mind  ;  and  I  approve  of  it  more  from  a  recollection  of  the  evils 
it  prevents,  than  from  a  consideration  of  the  advantages  it 
ensures. 

If  any  one  can  point  out  an  intermediate,  and  yet  a  tenable 
position,  between  the  complete  independence  and  the  entire 
subjection  of  the  public  expression  of  opinion,  I  should  perhaps 
be  inclined  to  adopt  it ;  but  the  difliculty  is  to  discover  this 
position.  If  it  is  your  intention  to  correct  the  abuses  of  unli- 
censed printing  and  to  restore  the  use  of  orderly  language,  you 
may  in  the  first  instance  try  the  oflender  by  a  jury  ;  but  if  the 
jury  acquits  him,  the  opinion  which  was  that  of  a  single  indi- 
vidual becomes  the  opinion  of  the  country  at  large.  Too  much 
and  too  little  has  therefore  hitherto  been  done  :  if  you  proceed, 
you  must  bring  the  delinquent  before  permanent  magistrates  ; 
but  even  here  the  cause  must  be  heard  before  it  can  be  decided  ; 
21 


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and  the  verv  principles  which  no  book  would  have  ventured  to 
avow  are  blazoned  Torth  in  the  pleadings,  and  what  was  obscurely 
hinted  at  in  a  single  composition  is  then  repeated  in  a  umliitudc 
of  other  publications.     The  lani^uage  in  which   a  thoui^ht  is 
crnl)0(lied  is  the  mere  carcass  of  the  thought,  and  not  the  idea 
itseli':    tribunals  may  condemn  the  form,  but  the  sense  and 
spirit  of  the  work  is  too  subtile  for  their  authority  :  too  much 
has  still  been  done  to  recede,  too  little  to  attain  your  end  :  yoii 
must  therefore  proceed.     If  you  establish  a  censorship  of  the 
press,  the  tongue  of  the  public  speaker  will  still  make   itself 
heard,  and  you  have  only  increased  the  mischief.     The  powers 
of  thought  do  not  rely,  like  the  powers  of  physical  strength, 
upon  the  number  of  their  mechanical  agents,  nor  can  a  host  of 
authors  be  reckoned  like  the  troops  which  compose  an  army  ; 
on  the  contrary,  the  authority  of  a  principle  is  often  increased 
by  the  smallness  of  the  number  of  men  by  whom  it  is  expressed. 
The  words  of  a  strong-minded   man,  which  penetrate  amidst 
the  passions  of  a  listening  assembly,  have  more  than  the  vocif- 
erations of  a  thousand  orators ;  and  if  it  be    allowed  to  speak 
freely  in  any  public  place,  the  consequence   is  the  same  as  if 
free  speaking  was   allowed  in  every  village.     The   liberty  of 
discourse  must  therefore   be  destroyed  as  well  as  the  liberty 
of  the  press  ;  this  is  the  necessary  term  of  your  ellbrts ;  but 
if  3'our  object  was  to  repress  tlie  abuses   of  liberty  they  have 
brought  you  to  the  feet  of  a  despot.     You  have  been  led  from 
the  extreme  of  independence  to  the  extreme  of  subjection, 
without  meeting  with  a  single  tenable  position  for  shelter  or  re- 
pose. 

There  are  certain  nations  which  have  peculiar  reasons  for 
cherishing  the  press,  independently  of  the  general  motives 
which  I  have  just  pointed  out.  For  in  certain  countries  which 
profess  to  enjoy  the  privileges  of  freedom,  every  individuid 
agent  of  the  Government  may  violate  the  lews  with  impunity, 
since  those  whom  he  oppresses  cannot  prosecute  bin)  before  the 
courts  of  justice.  In  this  case  the  liberty  of  the  press  is  not 
merely  a  guarantee,  but  it  is  the  only  guarantee  of  their  liberty 
and  their  security  which  the  citizens  possess.  If  the  rulers  of 
these  nations  proposed  to  abolish  the  independence  of  the  press 
the  people  would  be  justified  in  saying:  Give  us  t!ie  right  of 
prosecuting  your  offences  before  tl  e  ordinary  tribunals,  and 
perhaps  we  may  then  waive  our  right  of  appeal  to  tlje  tribunal 
of  public  opinion. 

But  in  the  countries  in  which  the  doctrine  of  the  sovereignty 


1G3 


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of  the  peoj)lc  ostensibly  prevails,  the  censorship  of  the  press 
is  not  only  dangerous,  but  it  is  absurd.  When  the  right  of 
every  citizen  to  co-operate  in  the  government  of  society  is  ac- 
knouledgod,  every  citizen  nuist  be  presumed  to  possess  the 
power  of  discriminating  between  the  different  opinions  of  iiis 
colcmporaries,  and  of  appreciating  the  dift'erent  facts  from  which 
inferences  may  be  drawn.  The  sovereignty  of  the  people  and 
the  liberty  of  the  press  may  therefore  be  looked  upon  as  cor- 
relative institutions ;  just  as  the  censorship  of  the  press  and 
universal  suffrage  are  two  things  which  are  irreconcileably  op- 
posed, and  which  cannot  long  be  retained  among  the  institu- 
tions of  tlie  same  people.  Not  a  single  individual  of  the  twelve 
millions  who  inhabit  the  territory  of  the  United  States  has  as 
yet  dared  to  pro|)ose  any  restrictions  to  the  liberty  of  the  press. 
The  first  newspaper  over  which  I  cast  my  eyes,  upon  my  arri- 
val in  America,  contained  the  following  article  : 

"  III  all  this  aflair,  tlie  language  of  Jackson  has  been  that  of  a  heartless  despot, 
solt?ly  occupied  witli  the  |)ics(!rvalion  ol'  liut  own  anthority.  Ambition  is  his 
crime,  and  it  wdl  bo  ids  piinisliinent  too  :  intrigue  is  liis  native  element,  and  in- 
trigue will  coiilound  iiis  tricks,  and  will  deprive  him  of  his  power :  he  governs 
by  means  of  corruption,  and  his  iiiimoral  practices  will  redound  to  his  shame  and 
contusion.  His  conduct  in  the  political  arena  has  been  that  of  a  shameless  and 
lawless  gaiiiesler.  Mo  succeeded  at  the  time,  but  the  hour  of  retribution  ap- 
proaches, and  he  will  be  obliged  to  disgorge  his  winnings,  to  throw  aside  his  false 
ilice,  and  to  end  his  days  in  some  retirement,  where  he  may  curse  his  madness  at 
his  leisure  ;  (or  repentance  is  a  virtue  with  which  his  heart  is  likely  to  remain  for 
ever  unacquainted." 

It  is  not  uncommonly  imagined  in  France,  that  the  virulence 
of  the  press  originates  in  the  uncertain  social  condition,  in  the 
political  excitement,  and  the  general  sense  of  consequent  evil 
which  prevail  in  that  comitry ;  and  it  is  therefore  supposed 
that  as  soon  as  society  has  resumed  a  certain  degree  of  com- 
posure, the  press  will  abandon  its  present  vehemence.  I  am 
inclined  to  think  that  the  above  causes  explain  the  reason  of 
the  extraordniary  ascendancy  it  has  acquired  over  the  nation, 
but  that  they  do  not  exercise  much  influence  upon  the  tone  of 
its  language.  The  ])eriodical  press  appears  to  me  to  be  ac- 
tuated by  passions  and  propensities  independent  of  the  circum- 
stances in  which  it  is  placed  ;  and  the  present  position  of  Ame- 
rica corroborates  this  opinion. 

America  is  perhaps,  at  this  moment,  the  country  of  the  whole  ( 
world  wiiich  contains  the  fewer  germs  of  revolution  ;  but  the 
press  is  not  less  destructive  in  i(s  principles  than  in  France,  and 
it  displays  the  same  violence  without  the  same  reasons  for  in- 


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dignation.  In  America,  as  in  France,  it  constitutes  a  singular 
power,  so  strangely  composed  of  minified  p;ood  and  evil,  tliiit 
it  is  at  the  same  lime  indispensable  to  the  existence  of  freedom, 
and  nearly  incompatible  wiili  the  maintenance  of  public  order. 
Its  power  is  certainly  much  greater  in  France  than  in  the  Uni- 
ted States  ;  though  nothing  is  more  rare  in  the  latter  country 
than  to  hear  of  a  prosecution  having  been  instituted  against  it. 
The  reason  of  this  is  perfectly  simple  ;  the  Americans  luiving 
once  admitted  the  doctrine  of  sovereignty  of  the  people,  I'pply 
it  with  perfect  consistency.  It  was  never  their  intention  to 
found  a  permanent  state  of  things  with  elements  which  undergo 
daily  modifications  ;  and  there  is  consequently  nothing  crimi- 
nal in  an  attack  upon  the  existing  laws,  provided  it  be  not  at- 
tended with  a  violent  infraction  of  them.  They  are  moreover 
of  opinion  that  Courts  of  Justice  are  unable  to  check  the 
abuses  of  the  press  ;  and  that  as  the  subtilty  of  human  language 
perpetually  eludes  the  severity  of  Judicial  analysis,  oU'ences  of 
this  nature  are  apt  to  escape  tlie  hand  which  attempts  to  appre- 
hend them.  They  hold  that  to  act  with  ellicacy  upon  the  press, 
it  would  be  necessary  to  find  a  tribunal,  not  only  devoted  to  the 
existing  order  of  things,  but  capable  of  surmounting  the  in- 
fluence of  public  opinion  ;  a  tribunal  which  should  conduct  its 
proceedings  without  publicity,  which  should  pronounce  its  de- 
crees without  assigning  its  motives,  and  punish  the  intentions 
even  more  than  the  lanaruat'e  of  an  author.  Whosoever  should 
have  the  power  of  creating  and  maintaining  a  tribunal  of  this 
kind,  woidd  wa?tc  his  time  in  |)rosecutiug  the  liberty  of  the 
press  ;  for  he  would  be  )!ie  supreme  master  of  the  u bole  com- 
munity, and  he  would  be  as  li'ec  to  rid  himself  of  the  authors  as 
of  their  writings.  In  this  (pieslion, ,  therefore,  there  is  no  n  e- 
dium  between  servitude  and  extreme  license ;  in  order  to  en- 
joy the  inestimable  benefits  which  the  liberty  of  the  press  en- 
sures, it  is  necessary  to  submit  to  the  inevitable  evils  which  it 
engenders.  To  expect  to  acquire  the  former,  and  to  escape 
the  latter,  is  to  cherish  one  of  those  illusions  which  comnu)nly 
mislead  nations  in  their  times  of  sickness,  when,  tired  with  fac- 
tion and  exhausted  by  efiort,  they  attempt  to  combine  hostile 
opinions  and  contrary  principles  upon  the  same  soil. 

The  small  influence  of  the  American  journals  is  attributable 
to  several  reasons,  amongst  which  are  the  following  : 

The  liberty  of  writing,  like  all  other  lii)erty,  is  most  formida- 
ble when  it  is  a  novelty  ;  for  a  people  which  has  never  been  ac- 
customed to  co-operate  in  the  conduct  of  State  aiiairs,  places 


165 

implicit  conficlence  in  the  first  tribune  who  arouses  its  attention. 
The  Anglo-Americans  have  enjoyed  this  liberty  ever  since  the 
ibunclation  of  tlie  settlements  ;  moreover,  the  press  cannot 
create  human  passions  by  its  own  power,  however  skillfnljy  it 
may  kinille  them  where  they  exist.  In  America  politics  are 
discussed  with  animation  and  a  varied  activity,  but  they  rarely 
touch  those  deep  passions  which  are  excited  whenever  the 
positive  interest  of  a  part  of  the  community  is  impaired  :  but 
in  the  United  vSlates  the  interests  of  the  community  are  in  a 
most  prosperous  condition.  A  single  glance  upon  a  French 
and  an  American  newspaper  is  sufficient  to  show  the  difference 
which  exists  between  the  two  nations  on  this  head.  In  France 
the  space  alh)tted  to  commercial  advertisements  is  very  lin)ited, 
and  the  iiUelligence  is  not  considerable,  but  the  most  essential 
part  of  the  journal  is  that  which  contains  the  discussion  of  the 
politics  of  the  day.  In  America  three  quarters  of  the  enor- 
mous sheet  which  is  set  before  the  reader  are  fdied  with  adver- 
tisements, and  the  remainder  is  frequently  occupied  by  politi- 
cal intelligence  or  trivial  anecdotes  :  it  is  only  from  time  to 
time  that  one  finds  a  corner  devoted  to  passionate  discussions 
like  tlic)?e  with  which  the  journalists  of  France  are  wont  to  in- 
dulge their  readers. 

It  has  been  demonstrated  by  observation,  and  discovered  by 
the  innate  sagacity  of  the  pettiest  as  well  as  the  greatest  of  des- 
pots, that  the  inlluence  of  a  power  is  increased  in  proportion  as 
its  direction  is  rendered  more  central.  In  France  the  press 
c()iiil)iiies  a  twofold  centralixation  :  almost  all  its  power  is 
ce'itrcd  in  the  s.uiie  spot,  and  vested  in  the  same  hands,  for  its 
organs  are  fur  from  numerous.  Tlie  influence  of  a  public  press 
thus  constituted,  upon  a  sceptical  nation,  must  be  unbounded. 
It  is  an  enemy  with  which  a  Government  may  sign  an  occasion- 
al truce,  but  which  it  is  difficult  to  resist  for  any  length  of  time. 

Neither  of  these  kinds  of  centralization  exists  in  America. 
The  United  ^^tates  have  no  metropolis  ;  the  intelligence  as  well 
as  the  power  of  the  country  are  dispersed  abroad,  and  instead 
of  railiniiim  from  a  point,  they  cross  each  other  in  ever^^  direc- 
tion ;  the  Americans  have  established  no  central  control  over 
the  expression  of  opinion,  any  more  than  over  the  conduct  of 
business.  These  are  circumstances  which  do  not  depend  on 
human  foresight ;  but  it  is  owing  to  the  laws  of  the  Union  that 
there  are  no  licenses  to  be  granted  to  printers,  no  securities  de- 
manded from  editors  as  in  France,  and  no  stamp  duty  as  in 
France  and  England.     The  consequence  of  this  is  that  nothing 


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I     is  easier  than  to  set  up  a  newspaper,  and  a  small  number  of 
'     readers  sufliccs  to  defray  the  expenses  of  the  editor. 

The  number  of  periodical  and  occasional  publications  which 
appear  in  the  United  States  actually  surpasses  belief.  The  most 
enlightened  Americans  attribute  the  subordinate  influence  of 
the  press  to  this  excessive  dissemination  ;  and  it  is  adopted  as 
an  axiom  of  political  science  in  that  country,  that  the  only  way 
to  neutralize  the  effect  of  public  journals  is  to  multiply  them 
indefinitely.  I  cannot  conceive  that  a  truth  which  is  so  self-evi- 
dent should  not  already  have  been  more  generally  admitted  in 
Europe;  it  is  comprehensible  that  the  persons  who  hope  to  bring 
about  revolutions,  by  means  of  the  press,  should  be  desirous 
of  confining  its  action  to  a  few  powerful  organs  ;  but  it  is  per- 
fectly incredible  that  the  partisans  of  the  existing  state  of  things, 
and  the  natural  supporters  of  the  laws,  should  attempt  to  di- 
M  minish  the  influence  of  the  press  by  concentrating  its  authority. 

^  The  Governments  of  Europe  seem  to  treat  the  press  with  the 

courtesy  of  the  knights  of  old  ;  they  are  anxious  to  furnish  it 
^  with  the  same  central  power  which  they  have  found  to   be  so 

41  trusty  a  weapon,  in  order  to  enhance  the  glory  of  their  resist- 

ance to  its  attacks. 
'9  In  America  there  is  scarcely  a  hamlet  which  has  not  its  own 

•  newspaper.     It  may  readily  be  imagined  that  neither  discipline 

nor  unity  of  design  can  be  communicated  to  so  multifarious  a 
host,  and  each  one  is  consequently  led  to  fight  under  his  own 
standard.  All  the  political  journals  of  the  United  States  are 
indeed  arrayed  on  the  side  of  the  administration  or  against  it ; 
but  they  attack  and  defend  it  in  a  thousand  different  ways. 
They  cannot  succeed  in  forming  those  great  currents  of  o|)in- 
ion  which  overwhelm  the  most  solid  obstacles.  This  division 
of  the  influence  of  the  press  produces  a  variety  of  other  con- 
sequences which  are  scarcely  less  remarkable.  The  facility 
with  which  journals  can  be  established  induces  a  multitude  of 
individuals  to  take  a  part  in  them  ;  but  as  the  extent  of  competi- 
tion precludes  the  possibility  of  considerable  profit,  the  most 
distinguished  classes  of  society  are  rarely  led  to  engage  in  these 
undertakings.  But  such  is  the  number  of  the  public  prints, 
that  even  if  they  were  a  source  of  wealth,  writers  of  ability 
could  nor  be  found  to  direct  them  all.  The  journalists  of  the 
United  States  are  usually  placed  in  a  very  humble  position, 
with  a  scanty  education  and  a  vulgar  turn  of  mind.  The  will 
of  the  majority  is  the  most  general  of  laws,  and  it  establishes 
certain  habits  which  form  the  characteristics  of  each  peculiar 


167 

class  of  society  ;  llius  it  dictates  the  etiquette  practised  at  courts 
and  the  eli(|iicttc  of  the  bar.  Tli  <  characteristics  of  the  French 
journalist  consist  in  a  violent,  but  frequently  an  eloquent  and 
lofty,  manner  of  discussing  the  politics  of  the  day  ;  and  the  ex- 
ceptions to  this  habitual  practice  are  only  occasional.  The 
characteristics  of  the  American  journalist  consist  in  an  open 
and  coarse  appeal  to  the  passions  of  the  populace  ;  and  he 
habitually  abandons  the  principles  of  political  science  to  assail 
the  characters  of  individuals,  to  track  them  into  private  life, 
and  disclose  all  their  weaknesses  and  errors. 

Nothin,2^  can  be  more  deplorable  than  this  abuse  of  the  powers 
of  thoui^^iit  ;  I  shall  have  occasion  to  point  out  hereafter  the  in- 
iluenco  of  the  ru'wspapers  upon  the  taste  and  the  morality  of 
the  American  people,  but  my  present  subject  exclusively  con- 
cerns the  ))<)litical  world.  It  cannot  be  denied  that  the  eflects 
of  this  extreme  license  of  the  press  tend  indirectly  to  the  main- 
tenance of  public  order.  The  idividuals  who  are  already  in  the 
])ossession  of  a  hit^h  station  in  the  esteem  of  their  fellow-citizens, 
are  afraid  to  write  in  the  newspapers,  and  they  are  thus  deprived 
of  the  most  powerful  instrument  which  they  can  use  to  excite  the 
passions  of  the  multitude  to  their  own  advantap;e.* 

The  personal  opinions  of  the  editors  have  no  kind  of  weight 
in  the  eyes  of  the  public :  the  only  use  of  a  journal  is,  that  it 
imparts  the  knowledge  of  certain  facts ;  and  it  is  only  by  alter- 
ing or  distorting  those  facts,  that  a  journalist  can  contribute  to 
the  supj)ort  of  his  own  views. 

But  although  the  press  is  limited  to  these  resources,  its  in- 
fluence in  America  is  immense.  It  is  the  power  which  impels 
the  circulation  of  political  life  through  all  the  districts  of  that 
vast  territory.  Its  eye  is  constantly  open  to  detect  the  secret 
springs  of  political  designs,  and  to  summon  the  leaders  of  all 
parties  to  the  bar  of  public  opinion.  It  rallies  the  interests  of 
the  conmiunity  round  certain  principles,  and  it  draws  up  the 
creed  which  factions  adopt ;  ibr  it  atlords  a  means  of  intercourse 
between  parties  which  hear,  and  which  address  each  other,  with- 
out ever  having  been  in  immediate  contact.  When  a  great 
number  of  the  organs  of  the  press  adopt  the  same  line  of  con- 
duct, their  influence  becomes  irresistible  ;  and  public  opinion, 
when  it  is  jierpetually  assailed  from  the  same  side,  eventually 
yields  to  the  attack.     In  the  United  States  each  separate  journal 

*  They  only  write  in  the  papers  when  they  choose  to  address  the  people  in 
their  own  name  ;  as,  for  instance,  when  they  are  called  upon  to  repel  calumnious 
imputations,  and  to  correct  a  mis-statement  of  facts. 


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168 

exercises  but  little  authority :  but  the  power  of  the  periodical 
press  is  only  second  to  that  of  the  people.* 


1 

« 

4 


The  opinions  which  are  established  in  the  United  States  under  the  empire  of  the 
liberty  of  the  press,  are  frequently  more  firmly  rooted  than  those  which  are 
formed  elsewhere  under  the  sanction  of  a  censor. 

In  the  United  States  the  democracy  pcj'petually  raises  fresh  indi- 
viduals to  the  conduct  of  public  afrai'*s ;  and  the  measures  of 
the  administration  are  consequently  seldom  regulated  by  the  strict 
rules  of  consistency  or  of  order.  But  the  (;oneral  principles  of 
the  Government  are  more  stable,  and  the  O))inions  most  })rova- 
lent  in  society  are  generally  more  durable  than  in  many  other 
countries.  When  once  the  Americans  have  taken  up  an  idea, 
whether  it  be  well  or  ill-founded,  nothing  is  nu)re  diliicult  than 
to  eradicate  it  from  their  minds.  The  same  tenacity  of  opinion 
has  been  observed  in  England,  where,  for  the  last  century, 
greater  freedom  of  conscience  and  more  invincible  prejudices 
have  existed  than  in  all  the  other  countries  ll  Europe.  I  attri- 
bute this  consequence  to  a  cause  which  may  at  first  sight  appear 
to  have  a  very  opposite  tendency,  namely,  to  the  liberty  of  the 
press.  The  nations  amongst  which  this  liberty  exists  arc  as  apt 
to  cling  to  their  opinions  from  pride  as  from  conviction.  They 
cherish  them  because  they  hold  them  to  be  just,  and  because 
they  exercised  their  own  free  will  in  choosing  them  ;  and  they 
maintain  them,  not  oidy  because  they  are  true,  but  because 
they  are  th^'ir  own.  Several  other  reasons  conduce  to  the  same 
end. 

It  was  remarked  by  a  man  of  genius,  that  '  ignorance  lies  at 
the  two  ends  of  knowledge.'  Perhaps  it  would  have  been  more 
correct  to  have  said,  that  absolute  convictions  are  to  be  met  v  ith 
at  the  two  extremities,  and  that  doubt  lies  in  the  middle  ;  lor  the 
human  intellect  may  be  considered  in  three  distinct  states,  which 
frequently  succeed  one  another. 

A  man  believes  implicitly,  because  he  adopts  a  proposition 
without  inquiry.  He  doubts  as  soon  as  he  is  assailed  by  the 
objections  which  his  inquiries  may  have  aroused.  But  h(>  fre- 
quently succeeds  in  satisfving  these  doul)ts,  and  then  he  begins 
to  believe  afresh  :  he  no  longer  lays  hold  on  a  truth  in  its  most 

♦  See  i^ppendix,  P. 


169 


shadowy  and  uncertain  form,  but  lie  sees  it  clearly  before  him, 
and  he  advances  onwards  by  the  light  it  gives  him.* 

When  the  liberty  of  the  press  acts  upon  men  who  are  in  the 
first  of  these  three  states,  it  does  not  immediately  disturb  their 
habit  of  believing  implicitly  without  investigation,  but  it  con- 
stantly modifies  the  objects  of  their  intuitive  convictions.  The 
human  mind  continues  to  discern  but  one  point  upon  the  whole 
intellectual  horizon,  and  that  point  is  in  continual  motion.  Such 
are  the  symptoms  of  sudden  revolutions,  and  of  t!io  misfortunes 
which  are  sure  to  befall  those  generations  wliich  abruptly  adopt 
the  unconditional  freedom  of  tjie  press. 

The  circle  of  novel  ideas  is,  however,  soon  terminated  ;  the 
touch  of  experience  is  upon  them,  and  the  doubt  and  mistrust 
which  their  uncertainty  produces  become  universal.  We  may 
rest  assured  that  the  majority  of  mankind  will  either  believe  they 
know  not  wherefore,  or  will  not  know  what  to  believe.  Few 
are  the  beings  who  can  ever  hope  to  attain  to  that  state  of  ra- 
tional and  independent  conviction,  which  true  knowledge  can 
beget,  in  defiance  of  the  attacks  of  doubt. 

It  has  been  remarked  that  in  times  of  great  religious  fervor 
men  sometimes  change  their  religious  opinions ;  whereas  in  times 
of  general  scepticism  every  one  dings  to  his  own  persuasion. 
The  same  thing  takes  place  in  politics  under  the  liberty  of  the 
press.  In  countries  where  all  the  theories  of  social  science  have 
been  contested  in  their  turn,  the  citi/.cns  who  have  adopted  one 
of  them,  stick  to  it,  not  so  much  because  they  are  assured  of  its 
excellence,  as  because  they  are  not  convinced  of  the  superiority 
of  any  other.  In  the  present  age  men  are  not  very  ready  to 
die  in  rjefence  of  their  opinions,  but  they  are  rarely  inclined  to 
change  them  ;  and  there  are  fewer  martyrs  as  well  as  fewer  apos- 
tates. 

Another  still  more  valid  reason  may  yet  be  adduced  :  when 
no  abstract  opinions  are  looked  upon  as  certain,  men  cling  to 
the  mere  propensities  and  external  interests  of  their  position, 
which  are  natnrally  more  tangible  and  more  permanent  than  any 
opinions  in  the  world. 

It  is  not  a  question  of  easy  solution  whether  the  aristocracy 
or  the  democracy  is  most  fit  to  govern  a  country.  But  it  is  cer- 
tain that  democracy  annoys  one  part  of  the  community,  and  that 
aristocracy  oppresses  another  part.     When  the  question  is  re- 

*  If  may,  however,  he  donbtorl  whether  this  rntioiuil  and  self-guiding  convic- 
tion arouses  as  uuicli  fervor  or  enthusiastic  devotcdnesis  in  men  as  their  first 


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dogmatical  belief. 


22 


••»» 


170 

duced  to  the  simple  expression  of  the  struggle  between  poverty 
and  wealth,  the  tendency  of  each  side  of  the  dispute  becomes 
perfectly  evident  without  further  controversy. 


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CHAPTER  XII. 

POLITICAL    ASSOCIATIONS    IN    THE    UNITED    STATES. 

T^.'.'iy  use  which  the  Anglo-Americans  make  of  the  light  of  association  — Three 
kinds  of  politiciii  assoriatioiis. — In  wiiat  m;inM';r  the  Americans  apply  the  re- 
prL'sentative  system  to  asjiociiilion.-*. — Dangers  resii'ting  to  tiie  State. — Great 
Convention  of  ISM  relative  to  the  TaritV.— Legislative  character  of  this  Con- 
vention.—Why  tlic  iinhniited  exircise  of  the  right  of  association  is  less  dan- 
gerous in  the  United  States  than  elsewhere. — Why  it  may  be  looked  upon  as 
necessary. — Utility  of  associations  in  a  democratic  people. 

In  no  country  in  the  world  has  the  principle  of  association 
been  more  successfully  used,  or  more  unsprtriiigly  applied  to  a 
multitude  of  di/lerent  objects,  than  in  America.  Besides  the 
permanent  associations  which  are  established  by  law  under  the 
names  of  townships,  cities,  and  counties,  a  vast  number  of 
others  are  formed  and  maintained  by  the  agency  of  private  in- 
dividuals. 

The  citizen  of  the  United  States  is  taught  from  his  earliest 
hifancy  to  rely  upon  his  own  exertions,  in  order  to  resist  the 
evils  and  the  difficulties  of  life  ;  he  looks  upon  the  social  autho- 
rity with  an  eye  of  mistrust  and  anxiety,  and  he  only  claims  its 
assistance  when  he  is  quite  unable  to  shift  without  it.  This  habit 
may  even  be  traced  in  the  schools  of  the  rising  generation, 
where  the  children  in  their  games  are  wont  to  submit  to  rules 
which  they  have  themselves  esttdjlished,  and  to  punish  misde- 
meanors which  they  have  themselves  defined.  The  same  spirit 
pervades  every  act  of  social  life.  If  a  stoppage  occurs  in  a 
thoroughfare,  and  the  circulation  of  the  jiublic  is  hindered,  the 
neighbors  immediately  constitute  a  deliberative  body  ;  and  this 
extemporaneous  assembly  gives  rise  to  an  executive   power, 


171 


which  remedies  the  inconvenience,  before  anybody  has  thoue^ht 
of  recurring  to  an  authority  superior  to  that  of  the  persons  im- 
mediately concerned.  If  the  public  pleasures  are  concerned,  an 
association  is  formed  to  provide  for  the  splendor  and  the  regu- 
larity of  the  entertainment.  Societies  are  formed  to  resist  ene- 
mies which  are  exclusively  of  a  moral  natm-e,  and  to  diminish 
the  vice  of  intemperance  :  in  the  United  States  associations  are 
established  to  promote  public  order,  commerce,  industry,  moral- 
ity, and  religion  ;  for  there  is  no  end  which  the  human  will, 
seconded  by  the  collective  exertions  of  individuals,  despairs  of 


attammg. 


I  shall  hereafter  have  occasion  to  show  the  effects  of  association 
upon  the  course  of  society,  and  T  must  confine  myself  for  the 
present  to  the  political  world.  When  once  the  right  of  associa- 
tion is  recognised,  the  citizens  may  employ  it  in  several  different 
ways. 

An  association  consists  simply  in  the  public  assent  which  a 
number  of  individuals  give  to  certain  doctrines  ;  and  in  the  en- 
gagement which  they  contract  to  promote  the  spread  of  those 
doctrines  by  their  exertions.  The  right  of  associating  with  these 
views  is  very  analogous  to  the  libert}'  of  unlicensed  writing  ;  but 
societies  thus  formed  possess  more  authority  than  the  press. 
When  an  o})inIon  is  represented  by  a  society,  it  necessarily  as- 
sumes a  more  exact  and  explicit  form.  It  numbers  its  partisans, 
and  compromises  their  welfare  in  its  cause  ;  tliey,  on  the  other 
hand,  become  acquainted  with  each  other,  and  their  zeal  is  in- 
creased by  their  number.  An  association  unites  the  efforts  of 
minds  which  have  a  tendency  to  diverge  in  one  single  channel, 
and  urges  them  vigorously  towards  one  single  end  u  Inch  it  points 
out. 

The  second  degree  in  thi^  right  of  association  is  the  power  of 
meetiuiT.  When  an  association  is  allowed  to  establish  ceiUres  of 
action  at  certain  important  }.o,nts  in  the  conntry,  its  activity  is 
increased,  and  its  inlluence  extended.  Men  have  the  oppor- 
tunity of  seeing  each  other  ;  means  of  execution  are  more  readily 
combined  ;  and  opinions  are  maintained  with  a  degree  of  warmth 
and  energy  which  written  language  cannot  approach. 

Lastly,  in  the  exercise  of  the  right  of  political  association, 
there  is  a  third  degree  :  the  partisans  of  an  opinion  may  unite 
in  electoral  bodies,  and  choose  delegates  to  represent  them  in  a 
central  assembly.  This  is,  properly  speaking,  the  application 
of  the  representative  S3stem  to  a  party. 

Thus,  in  the  first  histance,  a  society  is  formed  between  indi- 


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172 

viduals  professing  the  same  opinion,  and  the  tie  which  keeps  it 
toc!;ether  is  of  a  purely  intellectual  nature:  in  the  second  case, 
small  assemblies  are  formed  which  only  represent  a  fraction  of 
the  party.  Lastly,  in  the  third  case,  they  constitute  a  separate 
nation  in  the  midst  of  the  nation,  a  government  within  the  Cov- 
ernmcnt.  Their  delegates,  like  the  real  delegates  of  the  majority, 
represent  the  entire  collective  force  of  their  party  ;  and  they  en- 
joy a  certain  degree  of  that  national  dignity  and  great  influence 
which  belong  to  the  chosen  representatives  of  the  people.  It  is 
true  that  they  have  not  the  right  of  making  the  laws  ;  but  they 
have  the  power  of  attacking  those  which  are  in  being,  and  of 
drawing  up  belorehand  those  which  they  may  afterwards  cause 
to  be  adopted. 

If,  in  a  people  wliich  is  imperfectly  accustomed  to  the  exercise 
of  freedom,  or  which  is  exposed  to  violent  political  passions,  a 
deliberating  minority,  which  confines  itself  to  the  contemplation 
of  future  Inns,  be  placed  in  juxtaposition  to  the  legislative  ma- 
jority, 1  cannot  but  believe  that  public  tranquillity  incurs  very 
great  risks  in  that  nation.  There  is  doubtless  a  very  wide  dif- 
ference between  proving  that  one  law  is  in  itself  better  than  an- 
other, and  proving  that  the  former  ought  to  be  substituted  for 
the  latter.  But  the  imagination  of  the  ])opulace  is  very  apt  to 
overlook  this  difference,  which  is  so  apparent  to  the  minds  of 
thinking  men.  It  sometimes  happens  that  a  nation  is  divided 
into  two  nearly  equal  partiv^s,  each  of  which  affects  to  represent 
the  majority.  ](',  ir.  immediate  contiguity  to  the  directing 
power,  anotlier  power  be  established,  which  exercises  almost  as 
much  moral  authority  as  the  former,  it  is  not  to  be  believed  thnt 
it  will  long  be  content  to  speak  without  acting  ;  or  that  it  will 
always  be  restrained  by  tiie  abstract  consideration  of  the  nature 
of  associations,  which  are  meant  to  direct  but  not  to  enforce 
opinions,  to  suggest  but  not  to  make  the  laws. 

The  more  we  consider  the  independence  of  the  press  in  its 
principal  consequences,  the  more  are  we  convinced  that  it  is  the 
chief,  and,  so  to  speak,  the  constitutive  element  of  freedom  in 
the  modern  world.  A  nation  which  is  determined  to  remain 
free,  is  therefore  right  in  demanding  the  uiu'cstraincd  exercise  of 
this  independence.  But  the  vnrcstraincd  libert}'  of  political  asso- 
ciation cannot  be  eniirely  assimilated  to  the  liberty  of  the  press. 
The  one  is  at  the  same  time  less  necessary  and  more  dangerous 
than  the  other.  A  nation  may  coijfine  it  within  certain  limits 
without  forfeiting  any  part  of  its  self-control ;  and  it  may  some- 
times be  obliged  to  do  so  in  order  to  maintain  its  o^n  authority. 


17S 


Is  in  Its 

It  is  the 
rlom  in 
remain 
Ircisc  of 
I'll  asso- 
press. 
Jiiorous 
limits 
somc- 
Ihority. 


In  America  the  liberty  of  association  for  political  purposes  is 
unbounded.  An  example  will  show  in  the  clearest  light  to  what 
an  extent  this  privileme  is  tolerated. 

The  (juestion  of  the  Tariff,  or  of  free  trade,  produced  a  great 
manifestation  of  party  feeling  in  America  :  the  Tariff  was  not 
only  a  subject  of  debate  as  a  matter  of  opinion,  but  it  exercised 
a  favorable  or  a  prejudicial  influence  upon  several  very  powerful 
interests  of  the  States.  The  North  attributed  a  great  portion  of 
its  prosperity,  and  the  South  all  its  sufferings,  to  this  system. 
In  so  much  that  for  a  long  time  the  Tarifi'  was  the  sole  source 
of  the  political  animosities  which  agitated  the  Union. 

In  183 1  when  the  dispute  was  raging  with  the  utmost  viru- 
lence, a  private  citizen  of  Massachusetts  proposed  to  all  the 
enemies  of  the  Tariff,  by  means  of  the  public  prints,  to  send  de- 
legates to  Philadelphi?<.  in  order  to  consult  together  upon  the 
means  which  were  most  fitted  to  promote  the  freedom  of  trade. 
This  proposal  circulated  in  a  (gw  days  from  Maine  to  New  Or- 
leans by  tlie  power  of  tlie  printing  press  :  the  opponents  of  the 
Tarifl' adopted  it  with  enthusiasm ;  meetings  were  formed  on  all 
sides,  and  delegntes  were  named.  The  majority  of  these  indi- 
viduals were  well  known,  and  some  of  them  had  earned  a  con- 
sideral)le  degree  of  celebrity.  South  Carolina  alone,  which  af- 
terwards took  up  arms  in  tlie  same  cause,  sent  sixty-three  dele- 
gates. On  the  1st  October,  1831,  this  assembly,  which,  accord- 
ing to  the  American  custom,  had  taken  the  name  of  a  Conven- 
tion met  at  ^Philadelphia  ;  it  consisted  of  more  than  two  hundred 
meml)ers.  Its  debates  were  public,  and  they  at  once  assumed  a 
legislative  character;  the  extent  of  the  powers  of  Congress,  the 
theories  of  frc'o  trade,  and  the  different  clauses  of  the  Tariff, 
were  discussed  in  turn.  At  the  end  of  ten  days'  deliberation 
the  Convention  broke  up,  after  having  publislif^d  an  address  to 
the  American  people,  in  which  it  is  declared  : 

I.  That  Congress  had  not  the  right  of  making  a  Tarifl',  and 
that  the  existing  Tariff  was  unconstitutional  ; 

II.  That  the  prohibition  of  free  trade  was  prejudicial  to  the 
interests  of  al!  "aiions,  and  to  that  of  the  American  people  in 
particular. 

It  mnst  be  acknov,ledged  that  the  unrestrained  liberty  of 
political  association  has  not  hitherto  produced,  in  the  United 
States,  those  fatal  consequences  which  might  perhaps  be  expect- 
ed from  it  elsewhere.  The  right  of  association  was  imported 
from  England,  and  it  has  always  existed  in  America.  So  that 
the  exercise  of  this  privilege  is  now  amalgamated  with  the  man- 


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174 

ners  and  customs  of  the  people.  At  the  present  time,  the 
liberty  of  .issociaiioii  is  become  a  necessary  p;iiaraiUee  against 
the  lyraniiy  of  the  majority.  In  the  United  States,  as  soon  as 
a  party  has  become  preponderant,  all  the  public  authority 
passes  under  its  control :  its  private  supporters  occupy  all  the 
places,  and  have  all  the  force  of  the  administration  at  their 
disposal.  As  the  most  distinguished  partisans  of  the  other 
side  of  the  question  are  unable  to  surmount  the  obstacles  which 
exclude  them  from  power,  they  require  some  means  of  estab- 
lishing themselves  upon  their  own  basis,  and  of  opposing  the 
moral  authority  of  the  minority  to  the  physical  power  which 
domineers  over  it.  Thus  a  dangerous  expedient  is  used  to  ob- 
viate a  still  more  formidable  danger. 

The  omnipotence  of  the  niajority  appears  to  me  to  present 
such  extreme  perils  to  tlie  American  Republics,  that  the  dan- 
gerous measure  which  is  used  to  repress  it  seems  to  be  more 
advantageous  than  prejudicial.  And  here  I  am  about  to  ad- 
vance a  proposition  which  may  remind  the  reader  of  what  I 
said  before  in  speaking  of  municipal  freedom  :  There  are  no 
countries  in  which  associations  are  more  needed,  t  prevent 
the  despotism  of  faction  or  the  arbitrary  power  of  a  prince, 
than  those  which  are  democratically  constituted.  In  aristocra- 
tic nations,  the  body  of  the  nobles  and  the  more  opulent  part 
of  the  community  are  in  themselves  natural  associations,  which 
act  as  checks  upon  the  abuses  of  j)ovvcr.  In  countries  in  which 
these  associations  do  not  exist,  if  private  individuals  are  unable 
to  create  an  artificial  and  a  temporary  substitute  for  them,  I 
can  iir.agine  no  jiermancnt  protection  against  the  most  galling 
tyranny  ;  and  a  great  people  may  be  oppressed  by  a  small  fac- 
tion, or  by  a  single  individual,  with  impunity. 

The  meetitig  of  a  great  political  Convention  (for  there  are 
Convcnti<nis  of  all  kinds)  which  may  frequently  become  a  ne- 
cessary measure,  is  al.\ays  a  serious  occuri'cnce,  even  in  Ame- 
rica, and  one  which  is  never  looked  forward  to,  by  the  judicious 
friends  of  the  country,  without  alarm.  This  was  very  per- 
ceptible in  the  Convention  of  3831,  at  which  the  exertions  of 
all  the  most  dihtinguished  members  of  the  assembly  tended  to 
moderate  its  lat)guage,  and  to  restrain  the  subjects  which  it 
treated  within  certain  limits.  It  is  probable,  in  fact,  that  the 
Convention  »)f  1831  exercised  a  very  great  influence  upon  il  e 
minds  of  the  malcontents,  and  prepared  them  for  the  opin  revolt 
against  the  commercial  laws  of  the  Union,  which  took  place 
in  1832. 


I  'II 


175 

It  cannot  be  denied  that  die  unrestrained  liberty  of  association 
for  political  purposes  is  tiie  privilege  which  a  people  is  long'est 
in  learninji^  how  to  exercise,  li  it  does  not  ihiow  the  nation 
into  anarchy,  it  perpetually  auq^ments  the  chances  of  that  ca- 
lamity. On  one  point,  however,  this  perilous  liberty  offers  a 
security  against  dangers  of  another  kind  ;  in  countries  where 
associations  are  free,  secret  societies  are  unknown.  In  America 
there  are  numerous  factions,  but  no  conspiracies. 


[e  are 
a  ne- 

,Ame- 
icious 

r  per- 


Different  ways  in  which  the  right  of  association  is  understood  in  Europe  and  in 
the  United  States. — Ditierent  use  whicli  is  made  of  it. 

The  most  natural  privilege  of  man,  next  to  the  right  of  acting 
for  himself,  is  that  of  combining  his  exertions  with  those  of  his 
fellow-creatures,  and  of  acting  in  common  with  them.  I  am 
therefore  led  to  conchule  that  the  right  of  association  is  almost 
as  inalienable  as  the  right  of  personal  liberty.  No  legislator  can 
attack  it  without  impairing  the  very  foundations  of  society. 
Nevertheless,  if  the  liberty  of  association  is  a  fruitful  source  of 
advantages  and  prosperity  to  some  nations,  it  may  be  perverted 
or  carried  to  excess  by  others,  and  the  element  of  life  may  be 
changed  into  an  element  of  destruction.  A  comparison  of  the 
different  methods  which  associations  pursue,  in  those  countries 
in  which  they  are  managed  with  discretion,  as  well  as  in  those 
where  liberty  degenerates  into  license,  may  perhaps  be  thought 
useful  both  to  lioveruuients  and  to  parties. 

The  greater  i)art  of  Europeans  look  upon  an  association  as  a 
weapon  which  is  to  be  hastily  fashioned,  and  innnediately  tried 
in  the  conflict.  A  society  is  formed  for  discussion,  but  the  idea 
of  impending  ration  prevails  in  the  minds  of  those  who  consti- 
tute it :  it  is,  in  fact,  an  army ;  and  die  lime  given  to  parley 
serves  to  reckon  up  the  strength  and  to  animate  the  courage  of 
the  host,  after  which  they  direct  their  march  against  the  enemy. 
Resources  which  lie  within  the  bounds  of  the  law  may  suggest 
themselves,  to  the  persons  who  compose  it,  as  means,  but  never 
as  the  only  means,  of  success. 

Such,  however,  is  not  die  manner  in  which  tlie  right  of  asso- 
ciation is  understood  in  the  United  States.  In  America  the  citi- 
zens who  form  the  minority  associate,  in  order,  in  the  first  place 
to  show  their  numerical  strength,  and  so  to  diminish  the  moral 


j»)i«rlll'l>M 

,a  n  »  HI'  m 

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4' 


M 


170 

authority  of  the  majoilty ;  and,  in  the  second  place,  to  stimulate 
competition,  and  to  discover  those  arguments  which  are  most 
fitted  to  act  upon  the  majority ;  for  they  always  entertain  hopes 
of  drawing  over  their  opponents  to  their  own  side,  and  of  after- 
wards disposinu;'  of  the  supreme  power  in  their  name.  Political 
associations  in  the  United  States  are  therefore  peaceable  in  their 
intentions,  and  strictly  leG!;al  in  the  means  which  they  employ ; 
and  they  assert  with  perfect  truth,  that  they  only  aim  at  success 
by  lawful  expedients. 

The  difference  which  exists  between  the  Americans  and  our- 
selves depend  on  several  causes.  In  luirope  there  are  numerous 
parties  so  diametrically  opj)oscd  to  the  majority,  that  they  can 
never  hope  to  acquire  its  support,  and  at  the  same  time  they 
think  that  they  are  sufficiently  strong;  in  themselves  to  strufi:i!;lc 
and  to  defend  their  cause.  When  a  party  of  tjjis  Mud  forms  an 
association,  its  object  is,  not  to  conquer,  but  to  fitrht.  In  Ame- 
rica, the  individuals  who  hold  opinions  very  much  opposed  to 
those  of  the  majority,  are  no  sort  of  impediment  to  its  power ; 
and  all  other  parties  hope  tc  win  it  over  to  their  own  principles 
in  the  end.  The  exercise  oi"  the  riarht  of  association  becomes 
dana:erous  in  proportion  to  the  impossibility  which  excludes  jrrcat 
parties  from  acquirint?  the  majority.  In  a  country  like  the  United 
Estates,  in  which  the  did'erences  of  opinion  are  mere  di/rerences 
of  hue,  the  right  of  association  may  remain  unrestralued  with- 
out evil  consequrnces.  The  inexperience  of  many  of  the 
European  nations  in  the  enjoyment  of  liberty,  lea<ls  them  only 
to  look  upon  the  liberty  of  association  as  a  right  of  attacking 
the  (jovernment.  The  first  notion  which  presents  itself  to  a 
party,  as  well  as  to  an  individual,  when  it  has  acquired  a  con- 
sciousness of  its  own  strength,  is  that  of  violeiu'o  :  the  iu>tion  of 
persuasion  arises  at  a  later  period,  and  is  only  derived  from  ex- 
perience. The  English,  who  are  divided  into  parties  which  (hirer 
most  essentially  from  each  other,  rarely  abuse  the  right  of  asso- 
ciation, because  they  have  long  been  accustomed  to  exercise  it. 
In  France,  the  passion  for  war  is  so  intense,  that  there  is  no 
undertaking  so  mad,  or  so  injurious  to  the  weHUre  of  the  State, 
that  a  man  does  not  consider  himself  honored  in  defending  it, 
at  the  risk  of  his  life. 

But  perhaps  the  most  powerful  of  the  causes  which  tend  to 
mitigate  the  excesses  of  political  association  in  the  United  States 
is  Universal  Suffrage.  In  countries  in  which  universal  suffrage 
exists,  the  majority  is  never  doubtful,  because  neither  party  can 
pretend  to  represent  that  portion  of  the  community  which  has 


177 


iM! 


not  voted.  The  associations  which  are  formed  are  aware,  as 
well  as  the  nation  at  lari^e,  that  thi;y  do  not  represent  the  ma- 
jority :  this  is,  indeed,  a  condition  inse|)arable  Irom  their  exist- 
ence ;  for  if  they  did  represent  the  prei)onderatin^  power,  they 
wonld  chaniz;e  the  law  instead  of  solicitint;;-  its  reform.  The  con- 
seqnence  of  this  is  that  the  moral  inihience  of  the  (iovernment 
wiiich  they  attack  is  very  nnich  increased,  and  their  own  power 
is  very  nuich  enfeebled. 

In  Europe  there  are  few  associations  which  do  not  alVcct  to  re- 
present the  mnjority,  or  which  do  not  believe  that  they  represent 
it.  This  conviction  or  this  pretension  tends  to  autr:uuMit  their 
force  amazinj^ly,  and  contributes  no  less  lo  le:j,:  l.xe  their  measures. 
Violence  may  seem  to  be  e.\cusal)le  in  defence  of  the  cause  of 
oppressed  ri^ht.  Tims  it  is,  in  die  vast  labyrinth  of  luunan  laws, 
that  extreme  liberty  sometimes  corrects  abuses  of  license,  and 
that  extreme  democracy  obviates  the  dangers  of  democratic  ji^ov- 
ernment.  Fn  Kurope,  assosciations  consider  themselves,  in  some 
deii^ree,  as  the  leulslative  and  executive  councils  of  the  people, 
which  is  unable  to  speak  for  itself.  In  America,  whore  they 
only  represent  a  minority  of  the  nation,  they  argue  aiul  they 
petition. 

The  means  which  the  associations  of  Kurope  em|)loy,  are  in 
accordance  with  the  end  which  they  propose  to  obtain.  As  the 
principal  nim  of  these  bodies  is  to  act,  and  not  to  debate,  to 
fi<j:ht  rather  than  to  persuade,  they  are  natin*;illv  led  to  adopt  a 
form  of  (U'l^anization  which  dilfers  from  the  ordinary  customs  of 
civil  bodies,  and  which  assumes  the  habits  and  the  niaxiuis  of 
militarv  life.  They  centralize  the  direction  of  their  resources  as 
nuich  as  |)ossible,  and  they  entrust  the  power  of  the  whole  party 
to  a  very  small  number  of  leaders. 

The  members  of  these  associations  reply  to  a  watchword,  like 
soldiers  on  duty  ;  they  profess  the  doctrine  of  passive  oberlicnce  ; 
say  rather,  that  in  unitinu;  toi::elher  they  atoiu'e  abjure  the  exer- 
cise of  their  own  judgment  and  free  will ;  and  the  tyrannical 
control,  which  these  societies  exercise,  is  often  far  more  insup- 
portable than  the  authority  possessed  over  society  by  the  Gov- 
ernment which  they  attack.  'JMieir  moral  force  is  much  dimin- 
ished by  these  excesses,  and  they  lose  the  ])owerful  interest 
which  is  always  excited  by  a  struiityle  between  0|)pressors  and 
the  oppressed.  "^I'lie  man  who  in  iiiven  cases  consents  to  obey 
his  fellows  with  servility,  and  who  submits  his  activity,  and  even 
his  opinions,  to  their  control,  can  have  no  claim  to  rank  as  a  free 
citizen. 

23 


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178 

The  Americans  have  also  estahllslied  certiun  forms  of  govern- 
ment which  are  a|)plie(l  to  their  associations,  hut  these  are  inva- 
riahlv  horrowe*!  from  the  lorms  of  tlie  civil  administration.  The 
inciependenceof  each  individual  is  formally  recoifnized  ;  the  ten- 
dency of  the  memhers  of  the  association  points,  as  it  does  in  the 
hodv  of  the  comnnniitv,  towards  the  same  end,  but  thev  are  not 
ohlit^ed  to  follow  the  same  track.  No  one  abjures  the  exercise 
of  his  reason  and  his  free  will ;  but  every  oiie  exerts  that  reason 
and  that  will  for  the  benefit  of  a  common  undertaking. 


4 


( 


t 


CIIArTER  XIII. 

GOVERNMENT    OF    THE    DEMOCRACY    IN   AMERICA. 

I  AM  well  aware  of  the  difficulties  which  attend  this  part  of 
my  subject ;  but  althouirh  every  exp«'ession  which  I  am  about 
to  make  use  of  may  cli!.»li,  upon  soi.ie  one  point,  with  the  feel- 
inju's  of  the  dili'erent  parties  which  divide  my  country,  I  shall 
speak  my  opinion  w  ith  the  most  [)erfect  openness. 

In  Europe  we  are  at  a  loss  how  to  judije  the  true  character 
and  the  more  j)ermanent  pro|)ensities ,  of  democracy,  because  in 
Europe  two  conflicting  principles  exist,  and  we  do  not  know 
what  to  attribute  to  the  principles  themselves,  and  what  to  refer 
to  the  j)assions  w  hich  they  bring  into  collision.  Such,  however, 
is  not  the  case  in  America  ;  there  the  people  reigns  w  ithout  any 
obstacle,  and  it  has  no  perils  to  dread,  and  no  injuries  to  avenge. 
In  America,  democracy  is  swa>ed  by  its  own  free  ]iro|)ensities ; 
its  course  is  natural,  and  its  activity  ih  unrestrained  :  the  United 
States  consequently  afford  the  most  favorable  opportunity  of 
studying  its  real  character.  And  to  no  people  can  this  inquiry 
be  more  vitally  interesting  than  to  the  French  nation,  w  hich 
is  blindly  driven  onwards  by  a  daily  and  irresistible  impulse, 
towards  a  state  of  things  which  may  prove  either  despotic  or 
republican,  but  which  will  assuredly  Le  democratic. 


179 


UNIVERSAL    SUFFRAGE. 


)art  of 
about 
\\c  Ibel- 
slmll 


I  HAVE  already  observed  tbat  [Jniversal  SuflVage  lias  been 
adopted  in  all  the  States  of  the  Vnioii :  it  eonsequently  occurs 
amonc;^st  different  popidations  which  occupy  very  different  posi- 
tions in  the  scale  of  society.  I  have  ha((  o[)portunities  of  ob- 
serving? its  effects  in  different  localities,  and  ainoniJ!;st  races  of 
men  who  are  nearly  stranirers  to  each  other  by  their  lauiiuai^e, 
their  reliiiioii,  and  th(>ir  niiinner  of  life;  in  Louisiana  ns  well  as 
in  New  liUfj^land,  in  (ileoriria  and  in  ('luiada.  I  have  remarked 
thaf  V'iiiversal  Sullraiie  is  far  from  })roducinij;  in  America  either 
all  the  u'ood  or  all  the  evil  consequences  which  are  assic:ncd  to 
it  in  Europe,  and  that  its  effects  differ  very  widely  from  those 
which  are  usually  attributed  to  it. 


CHOICE   OF    THE   PEOPLE,  AND  INSTINCTIVE    PREFERENCES  OF 
THE  AMERICAN  DEMOCRACY. 

In  the  United  Statrs  tlip  most  lalciited  individuals  are  rarely  placed  at  the  head 
of  alliiirn. — Reason  of  this  pecuharity. — The  envy  wliich  prr'vails  in  the  lower 
orders  of  Franee  aj,'ain.st  the  hijiher  classes,  is  not  a  French,  hnt  a  |)nrely 
democratic  scntiniiMit  — For  what  reason  ihe  Miost  distingiiislied  men  in  Ameri- 
ca frecpiently  seclude  themselves  from  public  alliiirs. 

Many  people  in  ICin'ope  are  apt  to  believe  without  sayiuii-  it,  or 
to  say  without  believinm;  it,  that  one  of  the  t;;reat  advantatres  of 
universal  suirra2^e  is,  that  it  entrusts  tlit^  direction  of  public  af- 
fairs to  men  who  are  worthy  of  the  public  conlideiu'c.  They 
admit  that  the  people  is  unal)le  to  ti;overn  for  itself,  but  they 
aver  that  it  is  always  sincerely  disposed  to  promote  the  welfiire 
of  the  State,  ami  that  it  instinctively  designates  those  j)ersons 
who  are  animated  by  the  same  i:;oo(l  wishes,  and  who  are  the 
most  fit  to  wield  the  supreme  authority.  1  confess  that  the  ob- 
servations I  made  in  America  by  no  means  coincide  with  these 
opinions.  On  my  arrival  in  the  United  States  I  was  surprised 
to  find  so  much  distinguished  talent  among  the  subjects,  and  so 
little  among  the  heads  of  the  Government.     It  is  a  well-authen- 


I^MHIMIMlOMi 

♦R-J 

1l«ite.  HM 

x.y 

n:f 

11 

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X.I 


1'  - 

9 

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t 


180 

tiratofl  fiirt,  that  at  tlio  pivscnt  day  the  most  talrntorl  mm  In  the 
United  Statos  arc  wry  rarely  j)hu'('(l  at  the  hoad  of  aflalrs  ;  and 
it  must  l)<'  aclvMoulcducd  that  such  has  hoon  the  residt,  in  pro- 
portion as  (lenioeraey  has  outstepped  all  its  former  limits.  The 
racpoCAmeriean  statesmen  has  evidently  dwindled  most  rcmarU- 
ablv  in  liic  course  of  the  last  lifty  years. 

Several  causes  may  he  assiirned  to  this  phnenomenon.  It  is 
impossible,  notwithstandintr  the  most  strenuous  exertions,  to 
raise  the  intelliiicnce  of  the  people  above  a  certain  level.  What- 
ever may  be  the  (aciilties  ol'  accpiirinp;'  information,  whatever 
may  be  the  profusion  of  easy  methods  and  of  cheaj)  science,  tlu? 
hmnan  mind  can  never  be  instrncted  and  educated  without  de- 
votiuL!,"  a  considerable  space  ol'  time  to  those  objects. 

The  greater  or  the  lesser  possibility  of  subsistintj;  without 
labor  is  th(>refor(^  the  necessary  boundary  of  intelh'ctual  improve- 
ment. This  boundary  is  more  remote  in  some  countries,  and 
more  restricted  in  others  ;  but  it  must  exist  somewhere  as  lonj^' 
as  the  ))(M)ple  is  constrained  to  work  in  order  to  procure  the 
means  of  physical  subsistence,  that  is  to  say,  as  hnic:  as  it  retains 
its  popular  character.  It  is  tlnrefore  quite  as  di/iicult  to  ima- 
fiine  a  State  in  which  all  the  citizens  should  be  very  w<>ll- 
inforuied,  as  a  State  in  w liich  they  should  all  be  wealthy  ;  these 
two  difiicidties  may  be  looked  upon  as  correlative.  It  may  very 
rea(iil\  be  admitted  that  the  mass  of  the  citizens  are  sincerely 
disposed  to  prt)niote  the  welfare  of  their  coimtry  ;  nay  more,  it 
may  even  bo  allowed  that  the  lower  classes  are  less  apt  to  be 
swayed  by  considerations  of  |)ersonal  interest  than  the  higher 
orders;  but  it  is  always  more  or  less  imj)ossible  lor  them  to  dis- 
cern the  best  means  of  attainiim;  tl:e  c\u\,  w Inch  they  desire  with 
sincerity,  ^^jonn"  and  patient  observatJon,  joined  to  iv  multitude 
of  did'erent  notions,  is  required  to  form  a  just  estimate  of  the 
character  of  a  sinjile  individual  ;  and  can  it  be  supposed  that 
the  vuljiar  have  the  power  of  succeedinp:  in  an  incjuirv  which 
misleads  the  penetration  of  (genius  itself  ?  ^; 'J 'he  people  has 
neither  the  time  nor  the  means  which  are  essential  to  the  prose- 
cution ol"  an  investii;alion  of  this  kind  ;  its  conclusions  are  has- 
tily Ibrnied  ii'om  a  superficial  inspection  of  the  more  prominent 
features  of  a  question.  Hence  it  often  assents  to  the  clamor  of 
a  mountebank,  who  knows  the  secret  of  stimulatini;-  its  tastes  ; 
whilst  its  truest  friends  frequently  fail  in  their  exertions. 

Moreover,  th(>  democracy  is  not  only  deficient  in  that  sound' 
ness  of  judgment  w  hich  is  necessary  to  select  men  really  deserv- 
ing of  its  conlideuce,  but  it  has  neither  the  desire  nor  the  inclin- 


J\\ 


I'll* 


1st 

ntion  to  find  them  out.     Tt  cannot  ho  denied  tlmt  demorratici 
inslitiUions  have  a  very  strong?  tendenev  to  promote   the  reeHnf?\ 
of  envy  in  the  human  heart ;  not   so  mueii  heeause  they  anbrd  \ 
to  every  one  the  means  ot*  risinu;  to  liic  h'vel  of  any  of  his  fellow-  I 
citi'/.eiis,  as  IxM-ause  those  means  ,)er|)etiially  disa|)])oint  the  per- 
sons who  employ  them.   |l)emo(r»fic  institutions   awaken  and/ 
f(»ster  a  passion  for  e(|uality  wiiieh  they  can  never  entirely  satisfy. 
This  eomplete  ecpiality  eludes  the  fjrasp   of  the   people  at  the' 
very  moment  wITuh  it  thinks  to  hold   it  fast,  and  "  Hies,"  as 
Pascal  says,  "  \\ith  eternal  (liuht"  ;  the  people  is  exeited  in  the  j 
jiursuit  of  an  advantaiic,  whieh  is  the  more  precious  heeause  it  is  \ 
not  su/iicienlly  remote  to  he  unknown,  or  sufliciently  near  to  he 
enjoyed.     'The  lower  orders  are  aaitated  hy  the  chance  of  suc- 
cess, they  are  irritated  hy  its  uiu'ertainty ;  aiul  they   pass  from 
the  emhu.^iasm  of  pursuit  to  the  exhaustion  of  ill-success,  and    i 
lastly  to  the  acrimony  of  disa|)pointment.    Whatever  transcends   i 
their  own  limifs   apj)ears  to  In;  an  ohstade  to  their  desires,  and   ' 
there  is  no  kind  ol'  superiority,    however  legitimute  it  may  he, 
which  is  not  irksome  in  their  sit;ht.' 

Jt  has  been  sup|)osed  that  the  secret  instinct,  which  leads  the 
lower  orders  to  renu)ve  their  superiors  as  much  as  possible  from 
the  direction  of  |)ul)lic  affairs,  is  peculiar  to  France.  'J'his, 
however,  is  an  error ;  the  propensity  to  which  I  allude  is  not 
inherent  in  any  particular  nation,  hut  in  democratic  institutions 
in  general  ;  and  alth()ui;h  it  may  have  been  heij:;htencd  by  pecu- 
liar political  circumstances,  it  owes  its  oriijcin  to  a  hii;her  cause. 
In  the  liiited  States,  the  peoj)le  is  not  dis|)osc(l  to  hate  the 
superior  classes  of  society  ;  but  it  is  not  very  favorably  inclined 
towards  them,  aiul  it  carefidly  excludes  them  from  the  exercise  of 
authority.  It  does  not  entertain  any  dread  of  distinguished 
talents,  but  it  is  rarely  captivated  by  them  ;  and  it  awards  its 
approbation  very  sparingly  to  such  us  have  risen  without  the 
popular  support. 

Whilst  the  natural  propensities  of  democracy  induce  the  peo- 
ple to  reject  the  most  distinguished  eitiz-ens  as  its  rulers,  these 
individuals  are  no  less  a|)t  to  retire  from  a  political  career,  in 
which  it  is  almost  impossible  to  retain  their  independence,  or  to 
advance  without  degrading  themselves.  This  opinion  has  been 
very  caiulidly  set  forth  by  Chancellor  Kent,  who  says,  in  speak- 
ing with  great  eulogium  of  that  part  of  the  Constitution  which 
empowers  the  executive  to  nominate  the  judges :  "  It  is  indeed 
probable  that  the  men  who  are  best  fitted  to  discharge  the  duties 
of  this  high  oflicc  would  have  too  much  reserve  in  their  manners, 


'.,^' 


f,H  »JIII1« 


^.«4^fMtW«;MI 

•  R';S»II*.  nil* 

51        .<■* 

,1  4 

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f . 


182 

and  too  miicli  austerity  in  their  principles,  for  them  to  be  returned 
by  the  majority  at  an  election  where  iniiversal  suflrajye  is  adopt- 
ed."    .^luh  >^ere  the  opinions  which  were  printed  without  con- 
tradiction in  America  in  tlie  year  3830  !  r-^ 
I  Jioid  it  ^o  be  sufliciently  demonstrated,   that  universal  suf-  / 
frac;'e  is  by  no  means  a  iz:uarante'j  of  the  wisdom  of  the  popular  ~{ 
choice  ;  and  that  wiiatever  its  advantages  mfiy  be,  this  is  not 
one  of  them.  > 


e 

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^ 


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t 

I 


1 1. 


CAUSES  WHICH  MAY  PARTLY  CORRECT  THESE  TENDENCIES 

OF  THE  DEMOCRACY. 

Contrary  effects  produced  on  jipnplos  as  well  as  on  individuals  by  groat  dangers. 
— Why  so  many  distingtiislK'd  men  stood  at  the  head  of  alVairs  in  America 
fifty  years  ago. — Inflnence  wliicii  the  intelligence  and  the  manners  of"  tiie  peo- 
ple e\ercise  njion  its  choice. — Extunple  of  New  Jlngland. — iStates  of  the  South- 
west.— Inthience  of  certain  laws  npoii  the  choice  of  the  people. — Election  by 
an  elected  body. — Its  cll'ects  upon  the  composition  of  tiie  Senate. 

Whex  a  State  is  threatened  by  serious  daiiG:ers,  the  peojde  fre- 
quently succeeds  in  selectint?  tlie  citizens  ^^ho  are  the  most  able 
to  save  it.  Jt  has  been  ol)served  that  man  rarely  retains  his 
customary  level  in  presence  of  Acry  critical  circumstances  ;  he 
rises  auove,  or  he  <iidvs  below  his  usual  comlition,  and  the  stime 
thing'  occurs  in  nations  at  large.  Iv\treme  ])eri!s  sometimes 
quench  the  eiu'rgy  of  a  people  instead  of  stimulaling  it;  they 
excite  without  directing  its  passions  ;  and  instead  of  clearing, 
they  confuse  its  ])owers  of  jjcrception.  The  Jews  deluged  the 
smoking  ruins  of  tlicir  temple  Mith  the  carnaue  of  the  remnant 
of  their  host.  lUit  it  is  more  common,  both  in  the  ctise  of  na- 
ticMis  and  in  that  of  individuals,  to  lind  extr:ionlinary  virtues 
arising  from  the  veiy  iunninence  of  the  diinger.  (Ireat  charac- 
ter<  are  then  thrown  into  relief,  as  tlie  e(hlices  which  -are  con- 
cealed by  the  gloom  of  night,  ar(>  ilhnnintited  by  the  glare  of  a 
conflagration.  At  those  dtuigeroiis  times  genius  no  longer  ab- 
stains from  [)resenting  itself  in  the  arena;  and  the  peoj)le,  alarm- 
ed by  the  perils  of  its  situation,  buries  its  envious  j)assions  in  a 
short  »)blivion.  (h'eat  names  may  then  be  drawn  irom  the  urn 
of  election. 

J  have  already  observed  that  the  American  statesmen  of  the 
present  day  are  very  interior  to  those  who  stood  at  the  head  of 


sil 


183 


n\\ 


affairs  fifty  years  an'o.  This  is  as  much  a  consequence  of  the 
circumstances,  as  of  the  laws  of  the  country.  When  America 
was  struiygliui;;  in  the  hijj^h  cause  of  independence  to  throw  off 
the  yoke  of  anotiier  country,  and  wiien  it  was  about  to  usher  a 
new  nation  into  the  workl,  the  spirits  of  its  inhabitants  were 
roused  tu  the  height  wliich  their  i^rcat  ellbrts  required.  In  this 
p:eneral  excitement,  tiie  most  distini;uisiied  men  were  ready  to 
forestall  the  wants  of  the  comnnniity,  and  tlie  people  clung;  to 
them  for  support,  and  j)laced  them  at  its  head.  But  events  of 
this  magnitude  are  rare ;  and  it  is  from  an  inspection  of  the 
ordinary  course  of  affairs  that  our  judgment  nuist  be  formed. 

If  passing  occurences  sometimes  act  as  checks  upon  the  pas- 
sions of  democracy,  the  intelligence  and  the  manners  of  the  com- 
munity exercise  an  influence  which  is  not  less  powerful,  and  far 
more  permanent.  This  is  extremely  perceptible  in  the  United 
{States. 

Ii,'  New  England  the  education  and  the  liberties  of  the  com- 
nnniities  Avere  engendered  by  the  moral  and  religious  ])rinciples 
of  their  founders.  \\  here  society  has  acquired  a  suflicient  de- 
gree of  stability  to  enable  it  to  hokl  certain  maxims  and  to  retain 
fixed  habits,  the  lower  orders  are  accustomed  to  resi)ect  intellect- 
ual superiority,  and  to  sid)init  to  it  without  comj)laint,  although 
they  set  at  nought  all  those  privileges  which  wealth  and  birth 
have  introduced  among  mankhid.  The  dc  nocracy  in  New 
England  consequently  makes  a  more  judicious  choice  than  it  does 
elsewhere. 

But  as  we  descend  towards  the  f^outh,  to  those  States  in  which 
the  constitution  of  society  is  more  modern  antl  less  strong,  where 
instruction  is  less  general,  and  a\  here  the  principles  of  morality, 
of  religion,  and  of  liberty  are  less  hapjniy  combitu'd,  we  perceive 
that  the  talents  and  the  virtues  of  those  who  are  in  authority  be- 
come more  and  nu)re  rare. 

Jiastly,  when  we  arrive  at  the  new  South-western  States,  in 
which  the  constitution  of"  >oci(!t\  dates  but  from  xesterdax ,  and 
presents  an  agglomeiation  of  adventurers  and  specidators,  we 
are  amay.ed  at  the  persons  who  are  invested  with  pul)lie  author- 
ity, ami  we  are  led  to  ask  by  what  force,  indejiendeut  of  the  le- 
gislation and  of  the  men  who  din^-t  it,  the  State  can  be  protected, 
and  society  be  made  to  flourish. 

There  are  certain  laws  of  a  democratic  nature  uhich  contri- 
bute, nevertheless,  to  correct,  in  some  MeaMi.t,  the  dangerous 
teiulencies  of  democracy.  On  entering  the  House  of  Kepresen- 
tutives  of  Washington,  one  is  struck  by  the  vulgar  demeanor 


(ft 


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184 


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of  that  great  assembly.  The  eye  frequently  does  not  discover  a 
man  of  celebrity  within  its  walls.  Its  members  are  almost  all 
obscure  individuals  whose  names  present  no  associations  to  the 
mind  :  tliey  are  mostly  village-lawyers,  men  in  trade,  or  even  per- 
sons belonging  to  the  lower  classes  of  society.  In  a  country  in 
which  education  is  very  general,  it  is  said  that  the  representatives 
of  the  people  do  not  always  know  how  to  write  correctly. 

At  a  few  yards'  distance  from  this  spot  is  the  door  of  the 
Senate,  which  contains  within  a  small  space  a  large  proportion 
of  the  celebrated  men  of  America.  Scarcely  an  individual  is  to 
be  perceived  in  it  who  does  not  recall  the  idea  of  an  active  and 
illustrious  career  :  the  Senate  is  composed  of  eloquent  advocates, 
distinguished  generals,  wise  magistrates,  and  statesmen  of  note, 
whose  language  would  at  all  times  do  honor  to  the  most  remark- 
able parliamentary  debates  of  Europe. 

What  then  is  the  cause  of  this  strange  contrast,  and  why  are 
the  most  able  citi/.ens  to  be  found  in  one  assembly  rather  than  in 
the  other  ?  \V  iiy  is  the  former  body  remarkable  for  its  vulgarity 
and  its  poverty  of  talent,  whilst  the  latter  seems  to  enjoy  a  mo- 
nopoly of  ijitelligence  and  of  sound  judgment  ?  lioth  of  these 
assemblies  en^anate  from  the  people ;  both  of  them  are  chosen 
by  universal  sullrage  ;  and  no  voice  has  hitherto  lieen  heard  to 
assert,  in  America,  that  the  Senate  is  hostile  to  the  interests  of 
the  people.  From  what  cause,  then,  does  so  startling  a  dif- 
ference arise?  The  only  reason  which  appears  to  me  adequately 
to  account  for  it  is,  that  the  House  of  J{eprcsent;Uives  is  elected 
by  the  populace  directly,  and  that  the  Senate  is  elected  by  elect- 
ed bodies.  The  whole  body  of  the  citizens  names  the  legislature 
of  each  State,  and  the  Federal  Constitution  converts  tiiese  legis- 
latures into  so  many  electoral  bodies,  which  return  the  members 
of  the  Senate.  The  senato.  »are  elected  by  an  indirect  applica- 
tion of  universal  suffrage  ;  for  the  legislatures  which  name  them 
are  not  aristocratic  or  privileged  bodies  which  exercise  the  elec- 
toral franchise  in  their  own  right ;  but  they  arc  chosen  by  the 
totality  of  the  citizens ;  they  are  generally  elected  every  year, 
and  J^ew  members  may  constantly  be  chosen  who  Mill  emj)loy 
their  .  ectoral  rights  in  conformity  with  the  w  ishes  of  the  public. 
But  ;;iis  transmission  of  the  poj)uiar  authority  through  an  as- 
s'^;.ibly  of  chosen  men,  operates  aii  inipo'-tant  change  in  it,  by 
■  efming  its  discretion  and  imj)roviiig  the  forms  which  it  adojits. 
Men  who  are  chosen  in  this  manner  accurately  represent  the 
majority  of  the  nation  which  governs  them ;  but  they  represeut 
the  elevated  thoughts  wJiich  are  current  in  the  comumnity,  the 


185 


(     i 


generous  propensities  which  prompt  its  nobler  actions,  rather 
than  the  petty  passions  which  disturb,  or  the  vices  which  dis- 
grace it. 

The  time  may  be  already  anticipated  at  which  the  American 
Republics  will  be  obliged  to  introduce  the  plan  of  election  by  an 
elected  body  more  frequently  into  their  system  of  representation, 
or  they  will  incur  no  small  risk  of  perishing  m.iserably  amongst 
the  shoals  of  democracy. 

And  here  I  have  no  scruple  in  confessing  that  I  look  upon 
this  peculiar  system  of  election  as  the  only  means  of  bringing 
the  exercise  of  political  power  to  the  level  of  all  classes  of  the 
people.  Those  thinkers  who  regard  this  institution  as  the  ex- 
clusive weapon  of  a  party,  and  those  who  fear,  on  the  other 
hand,  to  make  use  of  it,  seem  tome  to  fall  into  as  great  an  error 
in  the  one  case  as  in  the  other. 


<i4  » im'  Ml 


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P 


INFLUENCE    WHICH    THE   AMERICAN    DEMOCRACY    HAS   EXER- 
CISED ON  THE  LAWS  RELATING  TO  ELECTIONS. 

When  elections  arc  rare,  they  expose  tlie  State  to  a  violent  crisis — When  they 
nre  frequent,  tiiey  keep  up  a  degree  of  feverish  excitement. — Tlie  Americans 
have  j)referred  tlie  second  of  these  two  evils. — Mutability  of  the  laws. — Opin- 
ions of  Hamilton  and  JetTerson  on  this  subject. 

When  elections  recur  at  long  intervals,  the  State  is  exposed 
to  violent  agitation  every  time  they  take  place.  Parties  exert 
themselves  to  the  utmost  in  order  to  gain  a  prize  which  is  so 
rarely  within  their  reach  ;  and  as  the  evil  is  almost  irreni  diable 
for  the  candidates  who  fail,  the  conscqiietice  of  their  disappoint- 
ed ambition  may  prove  most  disastrous  :  if,  on  the  other  hand 
the  legal  struggle  can  be  repeated  within  a  short  space  of  time, 
the  defeated  parties  take  patience. 

When  elections  occur  frequently,  this  recurrence  keeps  so- 
ciety in  a  perpetual  state  of  feverish  excitement,  and  imparts  a 
continual  instability  to  public  affairs. 

Thus,  on   the  one  hand  the  State  is  exposed  to  the  perils  of  . 
a  revoUition,  on  the  other  to  perpetual  mutability  ;  the  former 
system  threatens  the  very  existence  of  the  government,  the  latter  • 
is  an  obstacle  to  all  steady  and  consistent  policy.     The  Ameri- 
cans have  preferred  the  second  of  these  evils  to  the  first ;  but  they 

24 


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186 


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t 

k. 


were  led  to  this  conclusion  by  their  instinct  much  more  than 
by  their  reason  ;  for  a  taste  for  variety  is  one  of  the  character- 
istic passions  of  democracy.  An  extarordinary  mutability  has 
by  this  means,  been  introduced  into  their  legislation. 

Many  of  the  Americans  consider  the  instability  of  their  laws 
as  a  necessary  consequence  of  a  system  whose  general  results 
are  beneficial.  But  no  one  in  the  United  States  affects  to  deny 
the  fact  of  this  instability,  or  to  contend  that  it  is  not  a  great 
evil. 

Hamilton,  after  having  demonstrated  the  utility  of  a  power 
which  might  prevent,  or  which  might  at  least  impede,  the  pro- 
mulgation of  bad  laws,  adds,  '*  It  may  perhaps  be  said  that 
the  power  of  preventing  bad  laws  includes  that  of  preventing 
good  ones,  and  may  be  used  to  ihe  one  purpose  as  well  as  to 
the  other.  But  this  objection  will  have  but  little  weight  with 
those  who  can  properlyestimate  the  mischiefsof  that  inconstancy 
and  mutability  in  the  laws  which  form  the  greatest  blemish  in 
the  character  and  genius  of  our  governments."  (Federalist, 
No.  73.) 

And  again  in  No.  62  of  the  same  work,  he  observes  :  "  The 
facility  and  excess  of  law-making  seem  to    be  the   diseases   to 

which  our  governments   are  most  liable The  mischievous 

effects  of  the  mutability  in  the  public  councils  arising  from  a 
rapid  succession  of  new  members,  would  fill  a  volume  ;  every 
new  election  in  the  States  is  found  to  change  one  half  of  the 
representatives.  From  this  change  of  men  must  proceed  a 
change  of  opinions  and  of  measures  which  forfeit  the  resi)ect 
and  confidence  of  other  nations,  poisons  the  blessings  of  liberty 
itself,  and  diminishes  the  attachment  and  reverence  of  the  people 
towards  a  political  system  which  betrays  so  many  marks  of  in- 
firmity." 

Jefierson  himself,  the  greatest  democrat  whom  the  democracy 
of  America  has  as  yet  produced,  pointed  out  the  same  evils. 

*'  The  instability  of  our  laws,"  said  he  in  a  letter  to  Madison, 
**  is  really  a  very  serious  inconvenience.  I  think  we  ought  to 
have  obviated  it  by  deciding  tliat  a  whole  year  should  always 
be  allowed  to  elapse  between  the  bringing  iit  of  a  bill  and  the 
final  passing  of  it.  It  should  afterwards  be  discussed  and  put 
to  the  vote  without  the  possibility  of  making  any  alteration  in 
it ;  and  if  the  circumstances  of  the  case  required  a  more  speedy 
decision,  the  question  should  not  be  decided  by  a  simple  ma- 
jority, but  by  a  majority  of  at  least  two-thirds  of  both  houses." 


187 


PUBLIC  OFFICERS    UNDER    THE  CONTROL    OF    THE  DEMOCRACY 

IN    AMERICA. 


Simple  exterior  of  the  Aniericaii  public  otllcers. — No  ofllcial  costume. — All  pub- 
lic officers  are  remunerated. — I'obtical  cousequeucea  ol'tliia  system. — No  pub- 
lic career  exists  in  America. — Result  of  this. 

Public  officers  in  the  United  States  are  commingled  with  the 
crowd  of  citizens;  they  have  neither  palaces,  nor  guards,  nor 
ceremonial  costumes.  This  simple  exterior  of  the  persons  in 
authority  is  connected,  not  only  with  the  peculiarities  of  the 
American  character,  but  with  the  fundamental  principles  of  that 
society.  In  the  estimation  of  the  democracy,  a  government  is 
not  a  benefit,  but  a  necessary  evil.  A  certain  degree  of  power 
must  be  granted  to  pidilic  officers,  for  they  would  be  of  no  use 
witliout  it.  But  tiie  ostensible  semblance  of  authority  is  by  no 
means  indispensable  to  the  conduce  of  affiiirs;  and  it  is  needlessly 
oflensive  to  the  susceptibility  of  the  public.  The  public  officers 
themselves  are  well  aware  that  they  only  enjoy  the  superiority 
over  their  fellow-citizens  which  they  derive  from  their  author- 
ity, upon  condition  of  putting  themselves  on  a  level  with  the 
whole  commui»ity  by  their  manners.  A  public  officer  in  the 
United  States  is  uniformly  civil,  accessible  to  all  the  world, 
attentive  to  all  requests,  and  obliging  in  his  replies.  I  was 
pleased  by  these  characteristics  of  a  democratic  government ; 
and  I  was  struck  by  the  manly  independence  of  the  citizens, 
who  respect  the  office  more  than  the  officer,  and  who  are  less 
attached  to  the  emblems  of  authority  than  to  the  man  who  bears 
them. 

1  am  inclined  to  believe  that  the  influence  which  costumes 
really  exercise,  in  an  age  like  that  in  which  we  live,  has  been  a 
good  deal  exaggerated.  I  never  perceived  that  a  public  officer 
in  America  was  the  less  respected  whilst  he  was  in  the  discharge 
of  his  duties  because  his  own  merit  was  set  oil'  by  no  adventitious 
signs.  On  the  other  hand,  it  is  very  doubtful  whether  a  ;  ecu- 
liar  dress  contributes  to  the  respect  which  public  characters 
ought  to  have  for  their  own  position,  at  least  when  they  are  not 
otherwise  inclined  to  respect  it.  When  a  magistrate  (and  in 
France  such  instances  are  not  rare,)  indulges  his  trivial  wit  at 
the  expense  of  the  prisoner,  or  derides  the  predicament  in  which 
a  culprit  is  placed,  it  would  be  well  to  deprive  him  of  his  robes 


.!Mlli|i;.4| 


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188 


i: 


I 


f  •• 

«     : 


of  office,  to  see  whether  he  would  recall  some  portion  of  the 
natural  dignity  of  mankind  when  he  is  reduced  to  the  apparel 
of  a  private  citizen. 

A  democracy  may,  however,  allow  a  certain  show  of  magis- 
terial pomp,  and  clothe  its  officers  in  silks  and  gold,  without 
seriously  compromising  its  principles.     Privileges  of  this  kind 
are  transitory  ;  they  belong  to  the  place,  and  are  distinct  from 
the  individual :  but  if  public  officers  are  not  uniformly  remune- 
rated by  the  State,  the  public  charges  must  be  entrusted  to  men 
of  opulence  and  independence,  who  constitute  the  basis  of  an 
aristocracy  ;  and  if  die  people  still  retains  its  right  of  election, 
that  election  can  only  be  made  from  a  certain  class  of  citizens. 
Wlicn   a  democratic  republic  renders  offices  which  had  for- 
merly been  remunerated,  gratuitous,  it  may  safely  be  believed 
that  that  State  is  advancing  to  monarchical  institutions ;  and 
wlien   a   monarchy  begins  to  rcnmnerate  such   officers  as  had 
hitherto  been  unpaid,  it  is  a  sure  sign  that  it  is  approaching  to- 
wards a  despotic   or  a  republican  form  of  government.     The 
substitution  of  paid  <br  unpaid  functionaries  is  of  itself,  in  my 
opinion,  sufficient  to  constitute  a  serious  revolution. 

I  look  upon  tile  entire  absence  of  gratuitous  functionaries  in 
America  as  one  of  the  most  prominent  signs  of  the  absolute  do- 
minion which  democracy  exercises  in  that  country.  All  public 
services,  of  vviiatsoever  nature  thoy  may  be,  are  paid  ;  so  that 
every  one  has  not  merely  a  right,  but  also  the  means  of  per- 
forminii'  them.  Althousrh,  in  democratic  States,  all  the  citizens 
are  qualified  to  occupy  stations  in  the  Government,  all  are  not 
tempted  to  try  for  them.  The  number  and  tiie  capacities  of  the 
candidates  are  more  apt  to  restrict  the  choice  of  electors  than 
the  conditions  of  the  candidateship. 

In  nations  in  which  the  ))rincipl(^  of  election  extends  to  every 
place  in  the  State,  no  political  career  can,  properly  speaking, 
be  said  to  exist.  Men  are  promoted  as  if  by  chance  to  the 
rank  which  they  enjoy,  and  they  are  by  no  means  sure  of  re- 
taining it.  The  consequence  is  that  in  tranquil  times  public 
functions  olfer  but  lew  lures  to  ambition.  In  the  United  States 
the  persons  who  engage  in  the  perplexities  of  political  life  are 
individuals  of  very  moderate  })ietensions.  The  pursuit  of 
weakh  generally  diverts  men  of  great  talents  and  of  great  |)as- 
sions  from  the  pursuit  of  power  ;  and  it  very  frequently  hap- 
pens that  a  man  does  not  undertake  to  direct  the  fortune  of  the 
Siate  until  he  has  discovered  his  incompetence  to  conduct  his 
own  aliairs.     The  vast  number  of  very  ordinary  men  who  oc- 


189 

cupy  public  stations  is  quite  as  attributable  to  these  causes  as  to 
the  bad  clioice  of  the  democracy.  In  the  United  States,  I  am 
not  sure  that  the  people  would  return  the  men  of  superior  abili- 
ties who  might  solicit  its  support,  but  it  is  certain  that  men  of 
this  description  do  not  come  forward. 


ARBITRARY   POWER   OF    MAGISTRATES*    UNDER  THE  RULE    OF 
THE  AMERICAN  DEMOCRACY. 


For  what  reason  the  arbitrary  power  of  Magistrates  is  greater  in  absolnfe  mon- 
archies and  in  democratic  republics  than  it  is  in  Umited  monarchies. — Arbitrary 
power  of  the  Alagistrates  in  New  Enghmd. 

In  two  dirtcrent  kinds  of  government  the  magistrates  exercise 
a  considerable  degree  of  arbitrary  power  ;  namely,  under  the 
absolute  government  of  a  single  individual,  and  under  that  of 
a  democracy. 

This  identical  result  proceeds  from  causes  which  are  nearly 
analogous. 

In  despotic  States  the  fortune  of  no  citizen  is  secure ;  and 
public  oflicers  are  not  more  safe  than  private  individuals.  Tbe 
sovereign,  wbo  has  under  his  control  the  lives,  the  property, 
and  sometimes  the  honor  of  the  men  whom  he  employs,  does 
not  scruple  to  allow  them  a  great  latitude  of  action,  because  he 
is  convinced  that  they  will  not  use  it  to  his  prejudice.  In  des- 
potic States  the  sovereign  is  so  attached  to  the  exercise  of  his 
j)ower,  that  he  dislikes  the  constraint  even  of  his  own  regula- 
tions ;  and  lie  is  well  pleased  that  his  agents  should  follow  a 
somewhat  fortuitous  line  of  conduct,  provided  he  be  certain 
that  their  actions  will  never  counteract  his  desires. 

In  democracies,  as  the  majority  has  every  year  the  right  of 
depriving  the  officers  whom  it  has  appointed  of  their  power, 
it  has  no  reason  to  fear  abuse  of  their  authority.  As  the  peo- 
ple is  always  able  to  signify  its  wishes  to  those  who  conduct  the 
Government,  it  prefers  leaving  them  to  make  their  own  exer- 
tions, to  prescribing  an  invariable  rule  of  conduct  which  would 
at  once  fetter  their  activity  and  the  popular  authority. 

*  I  here  used  iie  word  Miisistratcs  in  the  widest  sense  in  whicli  it  can  be 
taiien ;  I  apply  it  to  all  the  ollicers  to  whom  the  execution  of  the  laws  is  en- 
trusted. 


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190 

It  may  even  be  observed,  on  attentive  conslJeratlon,  that 
under  the  rule  ol'  a  democracy  the  arbitrary  power  of  the  Magis- 
trate must  be  still  greater  than  in  despotic  States.  In  the  lat- 
ter, the  sovereign  has  the  power  of  punishing  all  the  faults  with 
which  he  becomes  accjuainted,  but  it  would  be  vain  for  him  to 
hope  to  become  ac(|uainted  with  all  those  which  are  committed. 
In  the  former  the  sovereign  power  is  not  only  supreme,  but  it 
is  universally  present.  The  American  functionaries  are,  in 
point  of  fact,  much  more  independent  in  the  sphere  of  action 
which  the  law  traces  out  for  them  than  any  public  officer  in 
Europe.  Very  frequently  the  object  which  they  are  to  accom- 
plish is  simply  pointed  out  to  them,  and  the  choice  of  the  means 
is  left  to  their  own  discretion. 

In  New  England,  for  instance,  the  selectmen  of  each  town- 
ship are  bound  to  draw  up  the  list  of  persons  who  are  to  serve 
on  the  Jury  ;  the  only  rule  which  is  laid  down  to  guide  them 
in  their  choice  is  that  they  are  to  select  citizens  possessing  the 
elective  franchise  and  enjoying  a  fair  reputation.*  In  France 
the  lives  and  liberties  of  the  subjects  would  be  thought  to  be 
in  danger,  if  a  public  ollicer  of  any  kind  was  entrusted  with  so 
formidable  a  right,  in  New  England  the  same  magistrates  are 
empowered  to  post  the  names  of  habittial  drunkards  in  public- 
houses,  and  to  prohibit  the  inhabitants  of  a  town  from  supply- 
ing iliem  with  llquor.t  A  censorial  power  of  this  excessive 
kind  would  be  revolting  to  the  population  of  the  most  absolute 
monaichies;  here,  however,  it  is  submitted  to  without  diffi- 
culty. 

Nowhere  has  so  much  been  left  by  the  law  to  the  arbitrary 
determination  of  the  magistrate  as  in  democratic  republics,  be- 
cause this  arbitrary  power  is  unattended  by  any  alarming  con- 
sequences. It  may  even  be  asserted  that  the  freedom  of  the 
magistrate  increases  as  the  elective  franchise  is  extended,  and 
as  the  duration  o.  the  time  of  office  is  shortened.  Hence  arises 
the  great  difficulty  which  attends  the  conversion  of  a  democra- 
tic republic  into  a  monarchy.  The  magistrate  ceases  to  be 
elective,  but  In-  retains  the  rights  and  the  habits  of  an  elected 
officer,  which  lead  directly  to  despotism. 

It  is  only  in  limited  monarchies  that  the  law  which  prescribes 
the  sphere  in  wliich  public  officers  are  to  act,  superintends  all 

*  Sen  tlift  Act  of  27tli  Fobniary.  iRirS.  General  Colloction  of  the  Laws  of 
Massachusetts,  vol.  ii.  p.  '.VM.  It  should  be  added  tiiut  the  jurors  arc  afterwards 
drawn  froiii  these  lists  by  lot. 

t  See  Act  of  -^Sih  February,  1787.  General  Collection  of  the  Laws  of  Mas- 
sachusetts, vol.  i.  p.  '302, 


191 


n\ 


J,  that 
Magis- 
ihe  lat- 
Its  with 
him   to 
imitted. 
,  but  it 
are,   in 
'  action 
licer  in 
accom- 
e  means 

h  town- 
to  serve 
,(le  them 
sing  the 
1  France 
ht  to  be 

I  with  so 
rates  are 

II  public- 
i  supply- 
excessive 
absohite 
3Ut  difii- 

arbitrary 
)lics,  be- 
ling  con- 
in  of  the 
led,  and 
ice  arises 
Hemocra- 
jes  to  be 
111  elected 

irescribes 
tends   all 

le  Liuvs  of 
aflerwarcls 

vs  of  Mas- 


iheir  measures.     The  cause  of  this  may  be  easily  detected.     In 
limited  monarchies  the  power  is  divided  between  the  king  and 
the  people,  both  of  whom  are  interested  in  the  stability  of  the 
magistrate.     The  king  does  not  venture    to  place   the  public 
oilicers  under  the   control  of  the  people,  lest  they  should  be 
tempted  to  betray  his  interests ;  on   the  other  hand,  the  people 
fears  lest  the  magistrates  should  serve  to  oppress  the  liberties  of 
the  country,  if  they  were  entirely  dependent  upon  the  Crown  : 
they  cannot  therefore  be  said  to  depend  on  either  the  one  or  the 
other.     The  same  cause  which  induces  the  king  and  the  people 
to  render  public  oilicers  independent,  suggests  the  necessity  of 
such  securities  as  may   prevent   their   independence  from  en- 
croaching upon  the  authority  of  the  former  and  the  liberties  of 
the  latter.     Tliey   conseciuently   agree   as  to  the   necessity  of 
restricting  the  functionary  to  a  line  of  conduct  laid  down  before- 
hand, and  they  are  interested  in  confining  Inm  by  certain  regu- 
lations which  he  cannot  evade. 


INSTABILITY  OF  THE  ADMINISTRATION  IN  THE  UNITED  STATES. 

In  America  the  public  acts  of  a  connnnnity  frequently  leave  fewer  traces  than 
tlie  occurrences  of  a  family. — Newspapers  the  only  historical  remains.— Insta- 
bility of  the  administration  prejudicial  to  the  art  of  govoriunent. 

The  authority  which  public  men  possess  in  America  is  so  brief, 
and  they  are  so  soon  commingled  w  ith  the  ever-changing  popu- 
lation of  the  country,  that  the  acts  of  a  community  frequently 
leave  fewer  traces  than  the  occurrences  of  a  private  family. 
The  public  administration  is,  so  to  speak,  oral  and  traditionary. 
But  little  is  committed  to  writing,  and  diat  little  is  wafted  away 
for  ever,  like  the  leaves  of  the  fSibyl,  by  the  smallest  breeze. 

The  only  histf)rical  remains  in  the  l  nited  States  are  the  news- 
papers ;  but  if  a  number  be  wanting,  the  chain  of  time  is  broken, 
and  the  present  is  severed  from  the  past.  I  am  convinced  that 
in  fifty  years  it  will  be  more  difficult  to  collect  authenti-c  docu- 
ments concerning  the  social  condition  of  the  Americans  at  the 
present  day,  than  it  is  to  find  remains  of  the  administration  of 
France  during  the  Middle  Ages;  and  if  the  Lnitcd  iStates  were 
over  invaded  by  barbarians,  it  would  be  necessary  to  have  re- 
course to  the  history  of  other  nations,  in  order  to  learn  anything 
of  the  people  which  now  inhabits  them. 


N  1 


v»..Ct||, 

HM 

n  »im'ii« 

;i 

]U  ^V, 

■i^ 

I 


.VM 


n  ' 


r 


Irf!  * 


l: 
'» 


192 


M 


I. 


'•It 


,!4 


i'     "M 


i 


i| 


til 


The  instability  of  the  administration  lias  ponotratod  into  tlio 
ha})its  of  tlio  people :  it  even  nppears  to  suit  the  p^eneral  taste, 
and  no  one  eares  for  wliat  occurred  before  liis  time.  No  me- 
thodical system  is  pursued ;  no  archives  arc  formed ;  and  no 
documents  are  hrouiiht  toij^ether  when  it  would  he  very  easy  to 
do  so.  Where  they  exist  little  store  is  set  uj)on  them ;  and  I 
liave  amonirst  my  papers  several  original  public  documents 
which  were  ifiven  to  me  in  answer  to  some  of  my  inquiries.  In 
America  society  seems  to  live  from  hand  to  mouth,  like  an  army 
in  the  field.  Nevertheless,  the  art  of  administration  may  un- 
doubtedly be  ranked  as  a  science,  and  no  sciences  can  be  im- 
proved, if  the  discoveries  and  observations  of  successive  fz;enera- 
tions  are  not  connected  together,  in  the  order  in  which  they 
occur.  One  man,  in  the  short  space  of  his  life,  remarks  a  fact; 
another  conceives  an  idea  ;  the  former  invents  a  means  of  exe- 
cution, the  latter  reduces  a  truth  to  a  fixed  proposition  ;  and 
mankind  trathers  the  fruits  of  individual  experience  upon  its  way, 
and  ijradually  forms  the  sciences.  But  the  persons  who  con- 
duct the  administration  in  America  can  seldom  alford  any  in- 
struction to  each  other  ;  and  when  they  assume  the  direction  of 
society,  they  simply  possess  those  attainments  which  are  most 
widely  disseminated  in  the  community,  and  no  experience  pecu- 
liar to  themselves.  Democracy,  carried  to  its  furthest  limits,  is 
therefore  prejudicial  to  the  art  of  i^overnment ;  and  for  this  rea- 
son it  is  better  adapted  to  a  people  already  versed  in  the  con- 
duct of  an  administration,  than  to  a  nation  which  is  uninitiated 
in  public  a/lhirs. 

This  remark,  indeed,  is  not  exclusively  applicable  to  the 
science  of  administration.  Although  a  democratic  government 
is  founded  upon  a  very  simple  and  natural  principle,  it  always 
presupposes  the  existence  of  a  high  degree  of  culture  and  en- 
lightenment in  society.*  At  the  first  glance  it  may  be  imagined 
to  belong  to  the  earliest  ages  of  the  world  ;  but  maturer  obser- 
vation will  convince  us  that  it  could  only  come  last  in  the  suc- 
cession of  human  history. 

*  It  is  needless  to  observe,  tliati  speak  hereof  the  democratic  form  of  govern- 
ment as  applied  to  a  people,  not  merely  to  a  tribe. 


193 


into  the 
il  taste, 
^o  ine- 
and  no 
oasy  to 
;  and   I 
[•ninents 
ics.     In 
in  army 
nay  un- 
bo  ini- 
•ronora- 
icli  they 
s  a  liict ; 
;  of  cxc- 
on ;  and 
I  its  way, 
,ho   ron- 
l  any  in- 
•cotion  of 
arc  most 
ice  pccn- 
1  limits,  is 
this  rea- 
ihc  rou- 
iiinitiatcd 

to  the 
crnment 

it  always 
and  en- 

imapined 
r  obser- 
the  suc- 


lof govern- 


CHARCES  LEVIED  BY  THE    STATE    UNDER    THE    RULE    OF    THE 
AMERICAN    DEMOCUACY, 

In  nil  coininnnitios  citizcna  divisible  into  throe  clnsscs. — TTnhifs  of  ennh  of  these 
f]as:<es  in  the  direction  of  piihlic  linuiices. —  V\  liy  piihlic  expenditure  must 
tend  to  increase  vvlien  tiio  people  governs. — Whut  renders  llioextiaviigiinco  of 
a  dciiiocracy  less  to  be  feared  in  Aiiierica. — Public  expenditure  under  a  de- 
mocracy. 

Before  we  can  aflirm  whether  a  democratic  form  of  p:overn- 
ment  is  o'conomical  or  not,  we  must  establish  a  suitable  standard 
of  comparison.  The  question  would  be  one  of  easy  solution, 
if  we  were  to  attempt  to  draw  a  parallel  between  a  democratic 
republic  and  an  absolute  monarchy.  The  public  expenditin'e 
would  be  found  to  be  more  considerable  under  the  former 
than  under  the  latter;  such  is  the  case  with  all  free  states  com- 
pared to  those  which  are  not  so.  It  is  certain  that  despotism 
nuns  individuals  by  preventing  them  from  producing  wealth, 
much  more  than  by  depriving  them  of  the  wealth  they  have 
produced  :  it  dries  up  the  source  of  riches,  whilst  it  usually  re- 
spects acquired  property.  Freedom,  on  the  contrary,  engen- 
ders far  more  benefits  than  it  destroys  ;  and  the  nations  wlticli 
are  favored  by  free  institutions,  invariably  find  that  their  resour- 
ces increase  even  more  rapidly  than  their  taxes. 

My  present  object  is  to  compare  free  nations  to  each  other ; 
and  to  {)olnt  out  the  influence  of  democracy  upon  the  finances 
of  a  State. 

Cuminiinitles,  as  well  as  organic  bodies,  arc  subject  to  cer- 
tain fixed  rules  in  their  formation  which  they  cannot  evade. 
They  are  composed  of  certain  elements  which  are  common  to 
them  at  all  time?  and  under  all  circumstances.  The  people 
may  always  be  mentally  divided  into  three  distinct  classes.  The 
first  of  these  classes  consists  of  the  wealthy  ;  the  second,  of 
those  who  are  in  easy  circumstances  ;  and  the  third  is  composed 
of  those  who  have  little  or  no  property,  and  who  subsist  more 
especially  by  the  work  which  they  perform  for  the  two  superior 
orders.  The  proportion  of  the  individuals  who  are  included 
in  these  three  divisions  may  vary  according  to  the  condition  of 
society ;  but  the  divisions  themselves  can  never  be  obliterated. 

It  is  cvrdcnt  that  each  of  these  classes  will  exercise  an  influ- 
ence, peculiar  to  its  own  propensities,  upon  the  administration 

25 


r\ 


^lAlMlttMl 

^•S*lM,l|IHi 

:t.:7 

in :;» 

•'      .11 

,*:■  :i 

1 

'•  .  i: 

-r.  ■■'* 

194 


i 


<if' 


|^« 


I 


•'■ir 


r  .«, 


I 


i 


of  the  finances  of  the  State.  If  the  first  of  the  three  excln- 
sively  possesses  the  h'pfishuive  |)o\vcr,  it  is  probable  that  it  will 
not  be  sparing;'  of  the  public  finids,  because  the  taxes  which  are 
levit'd  oil  a  hw^e  fortune  only  tend  to  diminish  the  sinn  of  su- 
perlluoiis  enjoynient,  and  are,  in  point  of  <act,  but  little  felt.  [( 
the  second  class  has  the  power  of  inaUinf?  the  laws,  it  will  cer- 
tainly not  be  lavisli  of  taxes,  because  nothing-  is  so  onerous  as 
a  larj^e  impost  which  is  levied  upon  a  small  income.  The  gov- 
ernment of  the  middle  classes  appears  to  me  to  be  the  most 
(economical,  though  perhaj)s  not  the  most  enlifj,htened,  and  cer- 
tainly not  the  most  c;enerons,  of  free  ffovernments. 

But  let  ns  now  suppose  that  the  lej^islative  authority  is 
vested  in  the  lowest  orders:  there  arc  two  striking?  reasons  which 
show  that  the  tendency  of  the  expenditure  will  be  to  increase, 
not  to  diminish. 

As  the  j:!,reat  majority  ol'  those  who  create  the  laws  are  pos- 
sessed of  no  property  upon  which  taxes  can  be  imposed,  all  the 
money  which  is  spent  for  the  community  appears  to  be  spent  to 
their  advanlai^e,  at  no  cost  of  their  own  ;  and  those  who  are 
possessed  of  some  little  property  readily  find  means  of  regula- 
ting^ the  taxes  so  that  they  are  burdensome  to  the  wealthy  and 
profitable  to  the  poor,  although  the  rich  are  unable  to  take  the 
same  advantage  w  hen  they  are  in  possession  of  the  government. 

In  countries  in  which  the  poor*  should  be  exclusively  invest- 
ed with  the  power  of  making  the  laws,  no  great  aconomy  of 
public  expenditure  ought  to  be  expected  ;  that  expenditure  will 
always  be  considerable  ;  either  because  the  taxes  do  not  weigh 
upon  those  who  levy  them,  or  because  they  are  levied  in  such 
a  manner  as  not  to  weigh  upon  those  classes  In  other  words, 
the  government  of  the  democracy  is  the  only  one  under  whicli 
the  power  which  lays  on  taxes  escapes  the  payment  of  them. 

It  may  be  objected  (but  the  argument  has  no  real  weight) 
that  the  true  interest  of  the  people  is  indissolubly  connected  with 
that  of  the  wealthier  portion  of  the  cominnnity,  since  it  cannot 
but  sufier  by  the  severe  measures  to  v.  inch  it  resorts,  lint  is  it 
not  the  true  interest  of  kings  to  render  tl;>'ir  subjects  happy  ;  and 
the  triTC  interest  of  nobles  to  admit  recruits  into  their  order  on 
suitable  grounds?  If  remote  advantages  had  power  to  prevail 
over  the  passions  and  the  exigencies  of  the  moment,  no  such 

*  The  word  poor  is  used  here,  and  tliroii^^boiit  the  remniiider  of  this  chapter, 
in  a  reliitivc,  not  in  an  ahsohiti?  sense.  Poor  iiicn  in  Ameriea  would  often  ap- 
pear rich  in  comparison  with  the  poor  of  l",iiroj)e  ;  hut  tliey  may  with  propriety 
be  styled  poor  in  comparison  witli  their  more  atfluent  countrymen. 


!  pxrln- 
t  it  will 
licli  are 
1  of  su- 
iV'lt.    If 
vill  fer- 
rous as 
'he  f!:ov- 
lie  most 
and  cer- 

lority  is 
ns  which 
increase, 

are  pos- 
d,  all  the 
spent  to 
who  are 
f  regula- 
hhy   and 
take  the 
crnment. 
ly  invest- 
moiTiy  of 
itnre  will 
lot  weigh 
in  such 
words, 
or  whicl* 
thorn, 
weif^ht) 
ted  with 
it  cannot 
lint  is  it 
ipy  ;  and 
order  on 

0  prevail 
no  such 

lis  chapter, 
li  olten  !i|)- 

1  yroiiriety 


195 

thing  as   a   tyrannical  sovereign  or  an  exclusive  aristocracy 
could  ever  exist. 

Again,  it  may  be  objected  that  the  poor  are  never  Invested 
with  the  sole  power  of  making  the  laws  ;  but  1  n-ply,  that  w  here- 
ever  universal  sullrage  has  been  established,  the  n)ajority  of  the 
community  unquestionably  exercises  ihij  Icgislativ*;  authority, 
and  if  it  be  proved  !hat  the  poor  always  constitute  the  majority, 
it  may  be  added,  with  perfect  truth,  that  in  the  countries  in 
which  they  possess  the  ehictive  franchise,  they  j)ossess  the  sole 
power  of  making  laws.  JWtt  it  is  certain  that  in  all  the  nations 
of  the  world  the  greater  number  has  ahvavs  consihied  of  those 
persons  who  hold  no  property,  or  of  those  whose  property  is 
iusudicient  to  exempt  them  from  the  necessity  of  working  in  order 
to  [)rocure  an  easy  subsistence.  I'niversal  sullrage  does  there- 
fore in  point  of  fact  invest  the  poor  with  the  government  of 
society. 

The  disastrous  influence  which  popidar  authority  niay  some- 
times exercise  upon  the  fmances  of  a  State,  was  ver}'  clearly 
seen  in  some  of  the  democratic  republics  of  antic|uity,  in  which 
the  public  treasures  was  exhausted  in  order  to  relieve  iutligent 
citizens,  or  to  sup|)ly  the  games  and  theatrical  amusements  of 
the  populace.  It  is  true  that  the  representative  system  was  then 
very  imperfectly  known,  and  that,  at  the  present  time,  the  influ- 
ence of  popular  passions  is  less  felt  in  the  conduct  of  public 
afl'airs  ;  but  it  may  be  believed  that  the  delegate  will  in  the  end 
conlbrm  to  the  j)rinciples  ol'his  couaiiluents,  and  favor  their  pro- 
pensities as  much  as  their  interests. 

The  extravagance  of  tlemocracy  is,  however,  less  to  be  dread- 
ed in  proportion  as  the  people  actpiires  a  share  of  |)roperty,  be- 
cause on  the  one  hand  the  contributions  of  the  rich  are  then  less 
needed,  and  on  the  other,  it  is  more  diliicult  to  lay  on  taxes 
which  do  not  ailect  the  interests  of  the  lower  classes.  On  this 
account  universal  suflVage  would  be  less  dangerous  in  France 
than  in  iLngland,  because  in  the  latter  country  the  property  on 
which  taxes  may  l)e  levied  is  vested  in  fewer  hands.  America, 
where  the  great  majority  of  the  citizens  is  possessed  of  some  for- 
tune, is  in  a  still  more  favorable  position  than  France. 

There  are  still  further  causes  which  may  increase  the  sum  of 
public  expenditure  in  democratic  countries.  When  the  aris- 
tocracy governs,  the  individuals  who  conduct  the  aliairs  of  State 
are  exempted,  by  their  own  station  in  society,  from  every  kind 
of  privation  :  they  are  contented  with  their  position  ;  power  and 
renown  are  the  objects  for  which  they  strive;  and,  as  diey  are 


'i  -' 


•<  ••  i«  MM 


»«ii>,, 


^1 


••••HIHIIIMI 


■    i' 


It: 

1^ 


If" 

« 

■tt 

r 

4(11 

«' 

■  Ik'; 

11 

'»• 

'1 

k- 

» 

i' 

.« 

t 

J' 

,1 

» 

''  «w 


196 

placed  far  above  the  obscurer  throng  ot'  citizens,  they  do  not 
always  distinctly  perceive  how  the  well-being  of  the  mass  ol'the 
people  ought  to  redound  to  their  own  honor.  They  are  not  in- 
deed callous  to  the  sull'erings  of  the  poor,  but  they  cannot  feel 
those  miseries  as  acutely  as  if  they  were  themselves  partakers 
of  them.  Provided  that  the  people  appear  to  submit  to  its  lot, 
the  rulers  are  satisfied,  and  thev  demand  nothing  furtlier  from 
the  Government.  An  aristocracy  is  more  intent  upon  the  means 
of  maintaining  its  influence,  than  upon  the  ireans  of  improving 
its  condition. 

When,  on  the  contrary,  the  people  is  invested  with  the 
supreme  authority,  the  perpetual  sense  of  their  own  miseries 
impels  the  rulers  ol*  society  to  seek  for  perpetual  ameliorations. 
A  thousand  diflerent  objects  are  subjected  to  improvement ;  the 
most  trivial  details  are  sought  out  as  susceptible  of  amendment  ; 
and  those  changes  which  are  accompanied  with  considerable 
expense  are  more  especially  advocated,  since  the  object  is  to 
render  the  condition  of  the  poor  more  tolerable,  who  cannot 
I)ay  for  themselves. 

Moreover,  all  democratic  communities  are  agitated  by  an  ill- 
defined  excitement,  and  by  a  kind  of  feverish  impatience,  that 
engenders  a  multitude  of  innovations,  almost  all  of  whicli  are 
attended  with  exjiense. 

In  monarchies  and  aristocracies  the  natural  taste  which  the 
rulers  have  for  power  and  for  renown  is  stMnulated  by  the 
promptings  of  ambition,  and  they  are  frequently  incited  by 
these  temptations  to  very  costly  undertakings.  In  democracies, 
where  the  rulers  labor  under  privations,  they  can  only  be  court- 
ed by  such  means  as  improve  their  well-being,  and  these  im- 
provements cannot  take  place  without  a  sacrifice  of  money. 
When  a  people  begins  to  reflect  upon  its  situation,  it  discovers 
a  'Multitude  of  wants  to  which  it  had  not  before  been  subject, 
0  id  to  satisfy  these  exigencies  recourse  must  be  had  to  the  cof- 
fers of  the  State.  Hence  it  arises  that  the  public  charges  increase 
in  proportion  as  civilization  spreads,  and  that  the  imposts  are 
augmented  as  knowledge  prevades  the  conmiunily. 

The  last  cause  which  frequently  renders  a  democratic  gov- 
ernment dearer  than  any  other  is,  that  a  democracy  does  not 
always  succeed  in  moderating  its  expenditiux?,  because  it  does 
not  understand  tiie  art  of  being  (rconomical.  As  the  designs 
which  it  e'ltertains  are  li-e(jnenlly  changed,  and  the  agents  of 
those  designs  are  more  frequently  removed,  its  undertakings 
are  often  ill  conducted  or  left  unfinished  :  nn  the  former  case  the 


Wm 


.1 


197 


'M 


lo  not 
of  the 
lot  in- 
ot  feel 
•takers 
its  lot, 
r  from 
means 
roving 

ith  the 
niseries 
'ations. 
nt  ;  the 
Iment  ; 
derable 
>ct  is  to 
cannot 

y  an  ill- 
ice,  that 
are 


inch  the 
l)y  ilie 
iteil   bv 
crarics, 
|c  court- 
lese  im- 
nioncy. 
liscovers 
subject, 
the  cof- 
ncrease 
sts   are 

tic  g;o\- 
loes   not 

it  does 
Jdesiiins 
Icnts  of 
[taUings 

:ase  the 


State  spenr  urns  out  of  all  proportion  to  the  end  ,vliich  it 
proposes  to  iccomplish  ;  in  the  second,  the  expense  itself  is 
unprofitable. 


TENDENCIES     OF     THE     AMERICAN    DEMOCRACY    AS    REGARDS 
THE    SALARIES    OF    PUBLIC    Oi>  FICERS. 

In  (loiiiocrnriosi  tliosc  wlio  esfahllsh  high  s!»l;irie.s  have  no  chance  of  profiting  hy 
tlicm. — 'I'ciidoticy  of  tlie  AiniM'icaii  (leinncnicy  to  increase  the  sahiries  of  sub- 
ordinate ollirers,  and  to  lower  those  of  the  more  important  fiitictionaries. — 
Reason  ol"  this. — Coini)araiive  statement  of  the  salai^es  of  puhhc  olHcers  in 
the  United  States  and  in  France. 

There  is  a  j)owcrfiil  reason  which  usually  induces  democracies 
to  a'conomi/.o  upon  the  salaries  of  public  officers.     As  the  num- 
ber of  citi/.cns  who  dispenso  the  remuneration  is  extremely  larjye 
in  democratic  countries,  so  the  nuniber  of  persons  who  can  hope 
to  bo  benefited   by  llie  recc^ipt  of  it  is  comparatively  small.     In 
aristocratic  coi'iitries,  on  the  contrary,  the  individuals  who   ap- 
point hiu,h  salaries  have  almost  always  a  vaij^ue  hope  of  j)rofiting 
by  them.     These  aj)pointments  may  be  looked  uj)on  as  a  capital 
which  they  create  for  their  own  use,  or  at  least  as  a  resource  for 
their  children. 

It  must  however  be  allowed  that  a  democratic  State  is  most 
})arsimonious  towards  its  principal  ayents.  In  Aniv  .'ica  the  se- 
condary officers  are  much  better  paid,  and  the  diynitaries  of  the 
administration  imicii  worse  than  they  are  elsewhere. 

These  opposite  effects  restdtfroin  the  same  «'ause  :  the  people 
fixes  the  salaries  of  the  j)ul)lic  officers  in  both  cases  ;  and  the 
scale  of  remuneration  is  determined  by  tlie  consideration  of  its 
own  wants.  It  is  held  lo  be  fair  that  the  servants  of  the  j)ublic 
slioidd  be  j)laciMl  in  the  san)e  easy  circumstances  as  the  public 
itself;*  but  when  the  (piestion  turns  u})on  the  salaries  <)f  the 
threat  officers  of  Sta^-,  this  rule  fails,  and  clnince  alone  can 
uuide  the  popular  decision.  The  poor  have  no  adequate  con- 
ception of  the   wants  which   the  !iii;her  classes  of  society  may 

*  Tlie  easy  circtinistances  in  whicli  secondary  fnnctionaries  are  placed  in  the 
I'll  led  "t^'li's,  result  also  iVom  another  cause,  which  is  indo|)en(lcnt  of  the  gene- 
ral ttMulencies  of  democracy  :  every  kind  of  private  hnsiness  is  ve>-  liii;ralive, 
and  tile  State  wonlu  .lot  he  served  at  all  if  it  did  not  jiay  its  servai"  .  The  conn- 
♦•y  is  in  the  posiiioi:  of  a  connnercial  nndertidiinir,  whicli  is  obliged  to  suiitaiii  au 
expensive  competition,  notwithstanding  its  taste  for  ojconomy. 


1^ 


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198 


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feel.  The  sum  which  is  scanty  to  the  rich,  appears  enormous 
to  the  poor  man,  whose  wants  do  not  extend  beyond  the  neces- 
saries oflile:  and  in  his  estimation  the  (iovcrnor  of  a  iState  with 
his  two  or  three  liundrcd  a  year,  is  a  very  fortunate  and  enviable 
beini!;-.*  If  you  undertake  to  convince  him  that  the  representative 
of  a  trroat  people  ong:ht  to  be  able  to  maintain  some  show  of 
splendor  m  the  (jyes  of  foreit^n  nations,  he  will  j)erhaps  assent 
to  your  meaning:;  but  when  he  reflects  on  his  own  humble  dwell- 
inp:,  and  on  the  hard-earned  ])roduce  of  his  wearisome  toil,  he 
remembers  all  tiiat  ho  could  do  with  a  salary  wliich  vou  say  is 
insurticient,  and  he  is  startled  or  almost  frightened  at  the  sifjht 
of  such  uncommon  wealt!; .  Besides,  the  secondary  public  officer 
is  almost  on  a  level  with  the  people,  whilst  the  others  are  rai.  .'d 
above  it.  The  former  may  therefore  excite  his  interest,  but  the 
latter  beg^ins  to  arouse  his  envy. 

This  is  very  clearly  seen  in  the  United  States,  where  the 
salaries  seem  to  decrease  as  the  authority  of  those  who  receive 
them  augments. t 

Under  the  rule  of  an  aristocracy  it  frequently  hap|)ens,  on 
the  contrary,  tha.  whilst  the  high  ollicers  are  receiving  munifi- 
cent salaries,  thj  inferior  ones  have  not  more  than  enough  to 
procure  the  necessaries  of  life.  The  reason  of  this  lactis  easily 
discoverable  from  causes  very  antUogous  to  those   to  which  1 


(•QUI 
n 

11  '•• 

I'  .» 
I 

I  ' 


I 


*  The  State  of  Ohio,  which  contains  a  niilhon  of  inhabitants,  gives  its  Gover- 
nor a  salary  of  only  1^00  dollars  (tiliO/.)  a  year. 

t  To  rtMidor  fliis  assertion  pcrlbctly  evidiMit,  it  will  sntllco  to  examine  the  scalo 
of  salaries  of  the  ajrents  of  the  Federal  (ioverniniMit.  I  have  added  tiie  salaries 
iittaclied  Ui  the  corresiioiiding  ollicers  in  France,  to  complete  the  comparison. 


UNITED    STATES. 


Trcasunj  Drpartnunt. 

Messenjrer,        .         .         §  7i10 
Clerk  with  lowest  salary,      KJOO 

Clerk  with  highest  salary,    IGOO    347 


FKANCK. 

Ministerc  dcs  Finonris. 

15(1/.     Ilnissier  .  l.jU()fr.  G: /. 

217       Clerk  with  lowest 

salary.  100  i  to  l-'OO  fr.  40  to  7-i 

Clerk  with  liin-||,.st 

salarv,  ;{.'0(l  to  :M)0  fr.     1*28  to     144 
Secrel.'iire-Kener.d,  '20,000  fr.  HOO 

The  Minister,  HO,0(i(l  fr.  liv'OO 

TIk!  King,  1-^,000,000  fr.  4d0,000 

1  have  ])erha|)s  done  wrong  in  selecting  Trance  as  my  standard  of  comparison. 
In  Trance  the  Deniocratie  tend('ncii;s  of  ihc!  nalioi:  exercise  an  ever-increasiii;^ 
inllnence  upon  the  (jov<'rnment,  iind  the  Chandlers  i^l'ow  a  dispcisiiion  to  raisn 
the  low  salaries  and  to  lovvi-r  the  iirincijJid  ones.  'I'hiis  the  Mimster  of  I'inance, 
who  received  KiO, 000  fr.  under  tlie  empire,  recelvi's  rjj, ()()()  fr.  in  183'):  the  Di- 
rectenrs-tieneraux  of  Finance,  who  then  received  50,000  fr.,  now  receive  only 
20,000  fr. 


Chief  Clerk. 

2000     434 

.Secretary  of  State, 

.     (iOiO  1300 

The  President, 

25000  5400 

il 


lormoiis 
e  neces- 
ate  with 
enviable 
lentative 
sliow  of 
s  assent 
le  dwell- 
toil,  lie 
a  say  is 
he  sight 
ic  odicer 
re  rai...'(l 
,  but  the 

there  the 
o  receive 

)|)ens,  on 
r  nuuiifi- 
uough  to 
;tis  easily 
which  1 


9  its  Gover- 

iifi  ihn  scalt; 
tilt!  salaries 
iparison. 


KV'S. 

)1V. 


6G/. 


40  to  72 
iHto     141 

:•.•,'(  10 

4f:i0,UO0 

•oiiiparisnn. 
-iiicrea^iii;,' 
im  to  raisi! 
)f  I'iiiaiK'c, 
k.-)-.  the  1)1- 
jceive  ouly 


199 

have  just  alluded.  If  a  democracy  is  unable  to  conceive  the 
pleasures  of  the  rich,  or  to  witness  them  without  envy,  an  aris- 
tocracy is  slow  to  understand,  or,  to  speak  more  correctly,  is 
unacquainted  with  the  privations  of  the  poor.  The  poor  man 
is  not  (if  we  use  tiie  term  aright)  the  fellow  of  the  rich  one ; 
but  he  is  a  being  of  another  species.  An  aristocracy  is  there- 
fore apt  to  care  but  little  for  the  fate  of  its  subordinate  agents  : 
and  their  salaries  are  only  raised  when  they  refuse  to  perform 
their  service  for  too  scanty  a  remuneration. 

It  is  the  parsimonious  iconductof  democracy  towards  its  prin- 
cipal olUcers,  which  has  countenanced  a  supposition  of  far  more 
ceconomical  propensities  than  any  which  it  really  possesses.  It 
is  true  that  it  scarcely  allows  the  means  of  honorable  subsist- 
ence to  ''c  individuals  who  conduct  its  alVairs ;  but  enormous 
sums  are  lavished  to  meet  the  exigencies  or  to  facilitate  the  en- 
joyments of  the  people.*  The  money  raised  by  taxation  may 
be  better  employed,  but  it  is  not  saved.  In  general,  democracy 
Cfives  largely  to  the  communitj^,  and  very  sjiaringly  to  those 
V  M')  govern  it.  The  reverse  is  the  case  in  aristocratic  coun- 
where  the  money  of  the  State  is  expended  to  the  profit  of 
tlie  persons  who  are  at  the  head  of  aA'airs. 


DIFFICULTY  OF  DISTIXGUISHING  THE    CAUSES  WHICH  CO^'TRI- 
BUTE  TO  THE  (T.CON'OMY  OF    THE    AAIERICAN  GOVERMMEXT. 

We  are  liable  to  frequent  errors  in  the  research  of  those  facts 
which  exercise  a  srriotts  influence  upon  the  fate  of  mankind, 
since  nothint^  is  more  difficult  than  to  appreciate  their  real  value. 
One  people  is  naturally  inconsistent  and  enthusiastic  ;  another 
is  sober  .J  '  lioidating ;  and  these  characteristics  originate  in 
their  pl'v  '  c.  nstitution,  or  in  remote  causes  with  which  we 
are  unacqua,   t  d. 

There  are  n<uiuns  which  are  fond  of  parade  and  the  bustle 
of  festivity,  and  which  do  not  regret  the  costly  gaieties  of  an 

*  See  the  Ameiican  Bndjjets  for  the  cost  of  i.  'hpeiit  citizens  and  frratnitoiis 
instruction.  In  l^*:?!,  50, (100/.  were  spt'iit  in  the  State  of  Kew  York  for  the 
iiiainteniince  of  the  poor :  and  at  least 'JOO  000/  were  devo'cd  to  gratniticiis  in- 
struction. (Williams's  New  York  Annual  Register.  \)^'^2,  pp.  ^O.")  and  24:5.)  The 
State  of  New  York  contained  only  1.1)110,000  inhabitants  in  the  year  \SM):  which 
is  not  !i.  than  double  the  amount  of  population  in  the  Department  du  NorU  in 
Francv- 


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hour.  Others,  on  the  contrary,  are  attached  to  more  retiring- 
pleasures,  and  seem  ahnost  ashamed  of  appearing  to  be  pleased. 
In  some  countries  the  highest  value  is  set  upon  the  beauty  of 
public  edifices ;  in  others  the  productions  of  art  are  treated 
with  indill'erencc,  and  everything  which  is  unproductive  is 
looked  down  upon  with  contempt.  In  some  renown,  in  others 
money,  is  the  ruling  passion. 

Independently  of  the  laws,  all  these  causes  concur  to  exer- 
cise fi  very  powerful  inlluence  upon  the  conduct  of  the  finances 
•  of  the  State.  \]f  the  Americans  never  spend  the  money  of  the 
Ipeople  in  galas,  it  is  not  only  because  the  imposition  of  taxes 
is  under  the  control  of  the  people,  but  because  the  people  takes 
no  delight  in  public  rejoicings.  I  If  they  repudiate  all  ornament 
from  their  architecture,  and  seTno  store  on  any  but  the  more 
practical  and  homely  advantages,  it  is  not  only  because  they 
live  under  democratic  institutions,  but  because  they  are  a  com- 
mercial nation.  The  :•' it*  of  private  life  are  continued  in 
public;  and  we  ought  '  *  dly  to  distinguish  that  a-conomy 
which  depends  upon  their  stitutions,  from  that  which  is  the 
natural  result  of  their  manners  and  customs. 


WHETHER  THE  EXPEXDITURE  OF  THE  UNITED  STATES  CAN  BE 
COMPARED  TO  THAT  OF  FRANCE. 

Two  points  to  be  cstahlislied  in  order  to  estinmte  tiic  oxtOTit  of  the  |)iil)liccliar£;f's, 
viz.  the  national  weaitli,  ami  the  rate  of  taxation. — 'I'iie  wealth  and  the  char<reH 
of  Franre  not  accnrately  iinown. — Why  the  wealtli  and  cii.-nges  of  the  Union, 
cainiot  be  ;icciirately  known. — Researches  of  theaiitiior  with  a  view  to  discovt. 
the  amount  of  ta.xation  in  I'ennsylvania. — <«eneral  symptoms  wiiicli  may  serve 
to  iiKhcate  the  amount  c'^  the  public  charges  in  a  given  uution. — Result  of  this 
investigation  for  the  Union. 

Many  attempts  have  recently  been  made  in  France  to  compare 
the  public  ex|)enditure  of  that  country  with  the  expenditure  of 
the  United  States  ;  all  these  attempts  have,  however,  been  un- 
attended by  success;  and  a  few  \\ords  will  suffice  to  show  that 
they  could  not  have  had  a  satisfactory  result. 

In  order  to  estimate  the  amount  of  the  public  charges  of  a 
people,  two  preliminaries  are  indispensable:  it  is  necessary,  in 
the  first  place,  to  know  the  wealth  of  that  people ;  antl  in  the 
second,  to  learn  what  portion  of  that  wealth  is  devoted  to  die 
expenditure  of  the  State.     To  show  the  amount  of  taxation 


201 


without  showint":  the  resources  wliicli  ;uv  dostiiipfl  to  meet  the 
(lomand,  is  to  uiulertako  a  futile  lal)or  ;  for  it  is  not  the  ex- 
penditure, hut  the  relation  of  the  expen(Uture  to  the  revenue, 
wiiich  it  is  desirahle  to  know. 

The  same  rate  of  taxntion  which  uiny  easily  he  supported  by  a 
wealthy  contributor,  will  reduce  a  poor  one  to  extreme  misery. 
The  wealth  of  nations  is  composed  of  several  distinct  elements, 
of  which  })opulation  is  the  first,  real  property  the  second,  and 
personal  property  the  third.  The  first  of  these  three  elements 
may  he  discovered  without  didiculty.  Amonust  civilized  nations 
it  is  easy  to  obtain  an  accurate  eensus  of  the  inhabitants  ;  but 
the  two  others  cannot  be  determinetl  with  so  much  fac  ilitv.  It 
is  diflicult  to  take  an  exact  account  of  all  the  lands  in  a  country 
which  are  under  cultivation,  with  their  natural  or  their  accpiired 
value  ;  and  it  is  still  more  impossible  to  estimate  the  entire  per- 
sonal property  which  is  at  the  disjKisal  of  a  nation,  and  which 
ehules  the  strictest  analysis  by  the  diversity  and  number  of 
shajies  uiuler  which  it  may  occm*.  And,  inck'c^l,  we  find  that  the 
most  ancient  civilized  nations  of  l^uro])e,  including;  even  those 
in  which  the  administration  is  most  central,  have  not  succeeded, 
as  yet,  in  detcrmininu:  the  exact  condition  of  their  wealth. 

In  America  the  attemj)t  has  never  been  made  ;  tor  how  would 
such  an  investiuation  he  possible  in  a  country  v. here  society  has 
not  yet  settled  into  hahits  of  r<'aidarity  and  trau(iuillity  ;  where 
the  national  Ciovernment  is  not  assisted  by  auudtitudeof  agents 
whose  exertions  it  can  connnaml,  and  direct  to  one  sole  end ; 
aiul  where  statistics  are  not  studied,  because  no  one  is  able  to 
collect  the  neces^iry  documents,  or  to  find  time  to  peruse  them.'* 
Thus  ihn  primary  elenients  of  the  calculations  which  have 
iK'en  made  hi  Krauce,  cannot  be  obtaiiu'd  in  the  Tnion  ;  the 
relative  wealth  of  the  two  countries  is  uidvuown  :  the  property 
of  the  former  is  not  accin-ately  deU'rmined,  and  no  means  exist 
of  conij)Utiug'  that  of  the  hitter. 

1  consent  tlu>refore,  for  tlu>  sake  of  the  discussion,  to  abandon 
this  necessary  term  of  the  comparison,  and  I  conline  myself  to 
a  coni})utation  of  the  actual  amount  of  taxation,  without  inves- 
tigatini;:  the  relation  which  subsists  between  the  taxation  and 
the  revenue.  But  the  reader  will  j)erceive  that  my  task  has 
not  been  facilitated  by  the  limits  which  I  here  lay  down  lor  my 
researches. 

It  cannot  ])e  doubted  that  the  central  administration  of  France, 
assisted  by  all  the  public  officers  who  are  at  its  disjiosal,  mij^ht 
determine  with  exactitude  the  amount  of  the  direct  and  indirect 

26 


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taxes  levied  upon  the  citi/eiis.  But  this  jtivestigation,  which  no 
private  inclivithinl  can  undertake,  has  not  iiitlierto  been  completed 
by  the  French  (Joveninient,  or,  at  least,  its  results  have  not  been 
made  public.  We  are  acquainted  with  the  sum  total  of  the 
State  ;  "  e  know  the  amount  of  the  departmental  expenditure  ; 
but  the  expenses  of  the  connnunal  divisions  have  not  been 
computed,  and  the  amount  of  the  j)ublic  expenses  of  France  is 
unknown. 

If  we  now  turn  to  America,  we  shall  perceive  that  the  difii- 
culties  are  multiplied  and  enhanced.  The  Union  ptiblishes  an 
exact  return  of  the  amount  of  its  expenditure ;  the  budgets  of 
the  four-and-twenty  Slates  furnish  similar  returns  of  their  rev- 
enues ;  but  the  expenses  incident  to  the  allairs  of  the  counties 
and  the  townships  are  urdvnown.* 

Tlio  authority  of  the  Federal  Government  cannot  oblige  the 
provincial  Governments  to  throw  any  light  upon  this  point; 
and  even  if  tlu'se  Goveriunenls  were  inclined  to  ad'ord  tlieir 
simultaneous  co-operation,  it  maybe  doubted  whethei  they  pos- 
sess the  means  of  procuring  a  satisfactory  answer.  Independently 
of  the  natural  dillicidties  of  the  task,  the  political  organization 
of  the  country  would  act  as  a  hindrance  to  the  success  of  their 
eflbrts.  The  county  and  town  magistrates  are  not  a])poinled 
by  the  authorifics  of  the  State,  and  tliey  are  not  subjected  to 
their  control.  It  is  therefore  very  allowable  to  suppose,  that 
if  the  State  was  desirous  of  obtaining  the  returns  which  we  re- 

*  The  Amcrirans,  as  we  liavo  seen,  liavo  four  separate  budgets;  the  Union, 
the  States,  tlie  Ci)niilii's.  and  the  To\vnshij)s  having  each  severally  their  own. 
During  my  stay  in  America  1  made  vwxy  endeavor  to  discover  tlie  auionnt  of  the 
puhl  0  expenditure  in  the  townships  and  counties  of  the  principal  Stales  of  the 
Union,  and  I  rc'adily  obtained  the  hudge't  of  the  larger  townshijjs,  but  I  found  it 
quite  impossible  to  procure  that  of  the  smaller  ones.  I  possess,  however,  some 
documents  relating  to  county  expenses  which,  although  nieomj)lel(!,  are  still  <;u- 
rious.  1  have  to  tliank  Mr.  Richnrds,  Mayor  of  l'hiladcl[)liia.  for  the  budgets  of 
thirteen  of  tin;  counties  of  renn>ylvania,  viz.  I.ehanon,  CeiUre,  rranklin,  I'ay- 
ette,  .Montgomery,  Luzerne.  Uauphin,  liutli-r,  Allegimny,  Columbia.  .Ndrtiiamp- 
tou,  Northumberland,  and  riiiladelphi.  'or  the  year  \i^'.h.  Their  population  at 
tiiat  time  consisied  of -lir).'J(i7  iuhabilam^.  On  looking  at  tht;  map  of  I'ennsN  I- 
vania,  it  will  \»\  seen  that  iheso  thirteen  counties  are  scattt.'red  in  every  (hrection, 
and  so  generally  allected  by  the  causes  which  usnaily  intlueJice  the  condition  of  a 
country,  that  they  may  (easily  be  supposed  to  furnish  a  correct  average  of  the 
financial  state  of  ihecouuiies  of  Pennsylvania  in  general:  and  thus,  upon  recivon- 
ing  that  the  expenses  of  these  counlies  annnnited  in  the  year  \r^'M  to  about  7'i, 
li.it/.,  o  nearly  'An.  for  each  iidiabitant,  and  ralcidaling  that  each  of  them  cimtri- 
butod  in  the  same  year  about  U)s.  'id  toward  the  l;nu)n,  and  about  li.s.tn  the  State 
of  Pennsylvani.i,  it  appears  that  they  each  contributed  as  t!!"ir  share  of  all  the 
public  expenses,  (except  those  of  the  townships,)  the  sum  of  l().s  'M  This  cal- 
culation is  doubly  incomplete,  as  it  applie.s  only  to  a  single  year  and  to  one  purl 
of  the  public  charges  ;  but  it  has  at  least  the  merit  of  not  bemg  conjectural. 


203 

qnire,  its  dcsip^n  would  be  countoractcd  by  tbe  neglect  of  those 
subordinate  ofllccrs  whom  it  would  be  obliged  to  employ.*  It 
is,  in  point  of  fact,  useless  to  inquire  what  the  Americans  might 
do  to  forward  this  inquiry,  since  it  is  certain  that  thoy  have 
hitlierto  done  nothing  at  alL  There  does  not  exist  a  single  indi- 
vidual at  the  present  day,  in  America  or  in  Europe,  who  can 
inform  us  what  each  citizen  of  tlie  Union  annually  contributes 
to  the  public  charges  of*the  nation. t 

*  Tiiose  wlio  have  attempted  to  draw  a  comparison  between  tlio  expenses  of 
France  and  Aineiica,  liave  at  once  i)i;rc('ived  that  no  siicli  comparison  conld  be 
drawn  !)etwc(Mi  tlie  total  cxpendiKn'C!  of  the  two  ronnlrie-!;  but  thnv  liave  endea- 
vored to  contrast  detaclied  portions  of  tliis  expetulitnre.  It  may  readily  be  sliown 
that  tills  second  system  is  not  at  all  less  dcfectivi;  than  the  first. 

]!'  I  attcm])!  to  compare  the  ['"rench  budget  wil!i  the  biidiret  oCthe  Union,  itninst 
be  renuMnbercd  that  the  latter  embraces  m neb  (ewer  objects  than  the  central  (iovern- 
nient  of  the  former  country,  and  that  the  exjienditure  nnisl  consecpiently  be  nnicli 
smaller.  If  I  contrast  the  hndf^cts  of  the  Dc-parlniciils  lo  those  of  the  ."States  which 
constitnlo  the  I'nion,  it  must  be  observed,  that  as  the  |)ouer  and  coini(d  exercised 
by  the  States  is  much  greater  than  that  which  is  e.xerci.sed  by  the  Departments, 
tlieir  expenditnre  is  also  more  considerable.  As  for  the  hii(i;;els  (d'thc  comities, 
nothinii  of  tla;  kind  occurs  in  the  I'rencli  system  of  finance;  Jind  it  is,  af:a;n, 
donblfnl  wheliicr  the  correspondinj,' expenses  slionld  be  refeired  to  the  budget 
of  the  .Slate  or  to  those  of  the  municipal  divisions. 

INFiinicipal  expenses  exist  in  both  eonntries,  but  they  are  not  alwavs  analogous. 
In  .America  tli(^  townships  di-;(!hari.'e  a  variety  of  oilices  which  are  reserved  in 
France  to  the  Departments  or  to  tlie  Stale.  It  may,  moreover,  be  asked,  what 
is  to  be  nnderslood  by  tlie  mnnicipal  expenses  of  America.  The  orjjam/.ation  of 
the  miiniiipal  bodic's  or  lownsliips  dill'ers  in  the  several  Slates:  Are  we  to  be 
guided  by  what  occurs  in  JN'ew  iJij^land  or  in  (Jeorjjia,  in  Pemisylvunia  or  in  the 
State  of  Illinois  / 

A  kind  of  an  ilogy  may  very  readily  bi!  jierceived  between  certain  bndgets  in 
tbe  two  eonntries  :  but  as  the  elements  of  which  they  are  compos(;<l  always  dif- 
fer more  or  less,  no  fair  cfmiparison  can  be  ii'stiliiti'd  between  them. 

t  E\en  if  we  knew  the  exact  pecuniary  coiilribniion  of  every  French  and 
American  ciii/.i^n  lo  ihc  coffers  of  the  Slate,  we  should  onlv  coiiie  at  a  porti(ni  of 
the  triuli.  (ioveriinieiits  do  not  only  demand  supplies  oi'  money,  but  they  call 
for  personal  servii'es,  which  may  he  looked  npon  as  eipiivalent  to  a  given  snni. 
'When  a  St.ite  raises  an  army,  besides  the  pav  of  the  troops  wiiich  is  furnished  by 
the  entire  nation,  each  soldier  must  give  np  his  time,  tin;  value  of  which  depeiuU 
on  the  use  he  might  m  d<e  ot"  it  il'  he  were  not  in  the  service.  The  same  remark 
applies  lo  till!  militia:  the  citizen  who  is  in  ihe  niililia  devotes  a  certain  pcntion 
of  valuable  time  lo  the  mainteiianee  of  the  public  peace,  and  he  does  in  reality 
siirrtMider  lo  the  State  ihosi?  earnings  which  he  is  prevented  from  gainiiiir.  i\Iaiiy 
other  instances  might  be  cited  in  a.ldition  lo  these.  The  lioveriimeiits  of  Franca 
and  .America  both  levy  taxes  of  this  kind,  which  weigh  U[)C/n  the  citi/etis;  hut  who 
can  estimate  with  ;iccnracy  their  re1ali\e  amount  in  the  two  countries  ? 

This,  however,  is  not  the  last  of  the  diliiciiltie;  which  prevfMit  us  from  eom- 
parmg  the  expenditure  of  the  riiimi  with  tint  -if  Fr.ince.  The  French  (jovern- 
nienl  contracts  certain  obligations  which  tlo  not  exist  in  America,  and  rice  versa. 
Tlie  French  (ioveriimenl  pays  the  clergy;  in  America  the  voluntary  principle 
prev.iils.  In  .America  there  is  a  legal  provision  for  tin;  poiu';  in  France  they  arc 
abandoned  to  the  charity  of  tlie  public.  The  French  public  ol'.icers  are  paid  by 
a  fixed  sal.irv:  in  America  ihev  are  allowed  certain  perquisites.  In  France  con- 
tributions in  kind  take  place  on  very  lew  roads;  in  America  n[ion  almost  all  the 
thoroughfares:  in  the  former  country  the  roads  are  free  to  all  travellers:  iu  the 


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Hence  we  must  conclndo,  that  it  is  no  less  diflicult  to  compar? 
tlie  sociiil  (wpeiiditiuv,  than  it  is  to  estimate  the  rehitive  upaltli 
of  France  and  <>!  An)eriea.  1  will  even  add,  that  it  would  be 
daniieroiis  to  attempt  this  comparison  ;  tor  when  statistics  are  not 
based  iij)on  com])ntations  ^\hich  are  strictly  accurate,  they  mis- 
lead instead  of  t;iiidinii'  ariiiht.  The  mind  is  easly  imposed  upon 
by  the  false  aO'ectatioii  of  exactitude,  which  prevails  even  in  the 
mis-statements  of  the  science,  and  adopts  with  confidence  the 
errors  which  are  a])parelled  in  the  forms  of  mathematical  truth. 

We  abandon,  therelbre,  our  numerical  investiu^ation,  with  the 
hope  of  meetinj;'  with  data  of  another  kind.  In  the  absence  of 
positive  documents,  we  may  form  an  opinion  as  to  the  proportion 
whicii  the  taxation  of  a  people  bears  to  its  real  prosperity,  by  ob- 
servini;-  wheljier  its  external  ajipearance  is  llourishinn' ;  whether, 
after  havinii'  discharued  the  calls  of  the  State,  the  poor  man  re- 
tains the  means  of  subsistence,  and  ill"  rich  the  means  of  enjoy- 
ment ;  and  wiiether  both  classes  are  contented  with  their  position, 
seeking'  however  to  ameliorate  it  by  perpetual  exertions,  so  that 
industry  is  ne\  er  in  want  of  capital,  nor  capital  unemployed  by 
industry.  The  observer  who  draws  his  inferences  from  these 
signs  will,  undoubtedly,  be  led  to  the  conclusion,  that  the  Amer- 
ican of  the  United  States  contributes  a  nuu'h  smaller  portion  of 
his  income  to  the  State  than  the  citizen  of  France.  Nor,  in- 
deed, can  the  result  be  other\\i>e. 

A  j)ortion  of  the  I'rench  debt  is  the  consequence  of  two  suc- 
cessive iuNasions ;  :;iid  the  I  iiicn  has  no  similar  calamity  to 
f-'ar.  A  nation  jilaceii  upon  (lie  continent  of  Furope  is  ol)Iigeil 
to  maintain  a  large  standing  army;  the  isolated  position  of  the 
Fnion  enabk's  it  to  have  only  (),00U  soldiers.  The  French 
have  a  licet  of  oOO  sail ;  t!te  Americans  have  52  vessels.*  How, 
then,  can  the  iidiabitant  of  the  Fnion  be  called  ujion  to  con- 
tribute as  largely  as  the  inhabitant  of  France?  No  parallel  can 
be  drawn  between  the  fmanccs  of  two  countries  so  dillerently 
situated. 

It  is  by  examining  what  actually  takes  place  in  the  I'nion, 
and  not  by  comj)aring  the  I'nion  with  France,  that  we  may  dis- 
cover wheth(>r  the  American  dovermnent  is  really  ceconomical. 

Inltor  fuiiipikps  aboiiiid.  All  these  (lilTorcucns  in  manner  in  wliirh  oontiil)ntion3 
are  lnvicd  in  llio  two  tonntiics,  ciiliMnct,'  the  diliiciiliy  of  c'oin|Kirinjr  tlu'ir  t>\|)fn- 
diture;  fur  tlicio  iiic  r.cil.iin  cxiicnscs  wliicli  the  citizens  vvoiilfl  not  be  suhjictpd 
to,  or  which  would  at  any  rate  he  niiieli  less  considerable,  if  the  State  did  not 
tale  upon  itsilCto  act  in  the  name  oCthe  piii.lic. 

*  fjee  t!io  details  in  the  Budget  nf  tl;e  French  Minister  of  Marine  ;  and  for 
America,  the  IVatioiial  CalenUar  of  lUSo,  j).  22± 


H: 


205 


iiion, 
oniical. 


On  castins?  my  eyes  over  the  didorent  republics  which  form  the 
conft'doratiou,  I  perceive  that  their  (iovcruments  lack  jjersovcr- 
ancc  ill  their  iin(k'rtakiniz;s,  and  that  they  exercise  no  steady 
control  over  the  men  whom  they  employ.  Whence  I  naturally 
infer,  that  they  must  olien  sp(>nd  the  money  ol"  the  i)eoplc  to  no 
purpose,  or  consume  more  of  it  than  is  really  necessary  to  their 
undertakinp,s.  (Ireat  ellbrts  are  made,  in  accordance  with  tiie 
democratic  oria;in  of  society,  to  satisfy  the  exigencies  of  the 
lower  orders,  to  open  the  career  of  power  to  their  endeavors, 
and  to  (hffnse  kimwknli^e  and  comfort  amontrst  them.  The 
poor  are  maiiUained,  immense  sums  are  annually  devoted  to 
pid)lic  instruction,  all  services  whatsoever  are  renumerated,  and 
the  most  suhorthnate  aiivnts  are  liberally  paid.  \t'  this  kind  of 
uover.MnKMit  appears  to  m;'  to  be  usefid  and  rational,  I  am  never- 
theless constrained  to  adnfit  that  it  is  expensive. 

Wherever  the  poor  direct  public  allairs  ami  dispose  of  the 
national  resource's,  it  appears  c(>rtain,  that  as  they  profit  by  the 
expenditure  jf  the  State,  they  are  apt  to  augment  that  expen- 
diture. 

1  conclude  therefore,  without  having  recourse  to  inaccurate 
computations,  and  without  ha/.ardiiig  a  comparison  which  might 
prove  Incorrect,  that  the  democratic  government  of  the  Ameri- 
cans Is  not  a  cheap  government,  as  is  sometimes  asserted  :  and 
[  liave  no  hesitation  In  jiredlcting,  that  if  the  people  of  the 
United  States  Is  ever  involved  in  serious  dKHculties,  its  taxation 
will  speedily  be  Increased  to  the  rate  of  that  which  prevails  In  the 
greater  part  of  the  aristocracies  and  the  monarchies  of  Europe. 


CORRUPTtON    A\D    VICES    OF    THE    RULERS    IX    A    DEJIOCRACY, 
AND    CONSEQUENT    EFFECTS    UPON    PUBLIC    MORALITV. 

In  [irislorracios  nilcrs  soinotiiiios  (Muleavor  to  corniiit  tl\o  jioople  — Tn  dcmocra- 
ci(>s  niliT-'  lV('i|iiciil!v  sliovv  tliciiisi'lves  to  l)o  corriipt. —  In  the  roniicr  their 
vices  arc  directly  jirejiidicial  to  the  iiiorality  ol"  the  people, — In  the  latter  their 
indirect  inlliienee  is  titiil  more  pcn'iucious. 

A  DISTINCTION  must  bc  made,  when  die  aristocratic  and  the  de- 
mocratic principles  mutually  iineiiiii  aualnst  each  other,  as 
tending  to  facilitate  corrujition.  Jn  aristocratic  noveriiments 
the  individuals  w  ho  are  placed  at  the  iiead  of  allairs  are  rich 
mt'u,  who  are  solely  desirous  of  power,     lu  deinucracies  stutes- 


V.Ct|ll'Ut« 
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men  arc  poor,  nntl  tlioy  hn\o  tlioir  (ortunos  to  ninko.  Tlie  con- 
sonupiice  is,  tlmt  in  iiristocratic  !*5tntrs  \\\c  rulers  arc  rnrcly  neces- 
sil)lo  to  corriiptioii,  and  Irnc;  wry  litllr  (•ra\iiii!;  for  nionry  ; 
Mliilst  tlu'  r('\rrs('  is  tlir  case  in  (Icniocratic  nations. 

Pwit  in  aristocracies,  as  those  who  are  desirous  of  arrivlnu:  at 
the  liead  of  atlairs  are  possessed  of  eonsiderahle  wealth,  and  as 
the  n  inber  of  persons  by  whose  assistance  they  may  rise  is 
comparatively  small,  the  liovernment  is,  if  I  uiay  use  the  expres- 
sion, put  up  to  a  sort  of  auction,  in  democracies,  on  the  con- 
trary, those  uho  are  covetous  of  power  are  very  seldom  wealthy, 
and  the  numbi-r  of  citizens  who  confer  that  power  is  extremely 
great.  Perhaps  in  democracies  the  nuu)l)er  of  men  who  might 
be  bought  is  by  no  means  smaller,  but  buyers  are  randy  to  be 
met  with  ;  and,  besirles,  it  would  be  necessary  to  buy  so  many 
persons  at  once,  that  the  attempt  is  rendered  nniiator\. 

Many  of  the  men  who  have  been  in  the  adn)inistration  in 
France  during  the  last  forty  years,  have  been  ac<-use(l  of  making 
their  Ibrtuues  at  the  expense  of  the  State  or  of  its  allies  ;  a  re- 
proach which  was  rarely  addressed  to  the  public  characters  of 
the  ancient  monarchy.  IJut  in  Krauce  the  practice  of  bribing 
electors  is  almost  unknown,  whilst  it  is  notoriously  and  publiidy 
carried  on  in  I'iUgland.  In  the  United  States  I  nev(>r  lieard  a 
man  accused  of  spending  his  wealth  in  corrupting  the  populace  ; 
but  J  have  often  heard  the  probity  ol"  public  oliicers  (|ue>tioned  ; 
still  more  frecpiently  have  1  heard  their  success  attributed  to  low 
intrimu's  and  immoral  j)ractic(^s. 

It',  then,  the  men  \\ho  conduct  the  government  of  an  aristo- 
cracy sometimes  (>ndeavor  to  corrupt  tlie  people,  the  heads  of  a 
democracy  are  themsehc  s  corrupt.  In  the  former  case  tlu  mo- 
rality of  the  peopI«>  is  directly  assailed  -,  in  the  latter,  an  indirect 
influence  is  exercised  upon  the  j)eo])le  which  is  still  more  to  b(! 
dread(Ml. 

As  the  rulers  of  democratic  nations  are  almost  always  exposed 
to  the  suspicion  of  dishonorabh;  conduct,  they  in  some  measure 
lend  the  authority  of  the  Cioverinnent  to  the  base  pra  'tices  of 
which  they  are  accused.  They  thus  allbrd  an  example  which 
must  j)rove  discouraging  to  the  strugules  of  virtuous  iiulepeu- 
dence,  and  must  l()ster  the  secret  calculations  of  a  vicious  andd- 
tion.  Jf  it  be  asserted  that  evil  |)assions  are  displayed  in  all 
raidis  of  society  ;  that  they  ascend  the  throne  by  hereditary 
right  ;  and  that  despicable  characters  are  to  be  met  with  at  ihe 
head  of  aristocratic  nations  as  well  as  in  the  s|)here  of  u  demo- 
racy  ;  this  objection  has  but  little  weight  in  my  estimation.    The 


i|:> 


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lioiM'd  ; 

I  to  low 


207 

rorrnption  of  mm  wlio  liavo  casually  n«^eii  to  power  lias  a  coarse 
and  vidgar  iMCcclioii  in  it,  which  nMidcrs  it  contauions  to  the  inid- 
titiulc.  On  the  contrary,  there  is  a  kind  of  aristocratic  relino- 
mont,  and  an  air  of  i;ran(leiir  in  the  (le|)ravity  of  the  great, 
which  (i'eqnently  prevents  it  from  s|)rea(liiii;-  abroad. 

'IMie  people  can  never  penetrate  into  the  perplexiny  labyrinth 
of  court  imriyne,  and  it  will  always  have  dillicidty  in  detecting 
the  turpitude  which  lurks  inuler  el(,'iz:ant  manners,  r(>(ineil  tastes, 
and  ii'racefid  lantrnaf;e.  lint  to  pillage  the  pul)lic  purse,  and  to 
vend  the  favors  of  the  Stat(\  <u'e  arts  which  the  meanest  villain 


may  compn 


hend, 


Old  hope  to  ])ractice  m  liis  turn. 


In  reality  it  is  far  less  |)r(Judicial  to  witness  the  immorality  of 
the  great,  than  to  witness  that  innnorality  which  leads  to  great- 
ness, in  a  democracy,  private  citizens  see  a  man  of  their  own 
rank  in  life,  who  rises  from  that  «)bscure  position,  and  who  be- 
comes possessed  of  riches  and  of  power  in  a  few  years:  the 
spectacle  excites  their  surprise  and  their  envy  ;  and  they  are  led 
to  incpiire  how  the  person  who  was  yesterday  their  ecpial  is  to- 
day their  ruler.  'To  attribute  his  rise  to  his  talents  or  his  virtues 
is  ini[)leasant ;  for  it  is  tacitly  to  acknowledge  that  they  are  them- 
selves less  virtuous  and  less  tal<'>'»e(|  than  he  was.  They  are 
tliere(()re  led  (and  iu)t  unlre(|iiently  then-  «:i.Mijecture  is  a  correct 
one,)  to  impute  his  success  mainly  to  some  of  his  defects  ;  and 
an  odious  niixtin-e  is  thus  formed  of  the  ideas  of  turpitude  and 
power,  unworthiness  and  success,  utility  and  dishonor. 


EFFORTS  OF  WHICH  A  PliMOCUACY  IS  CAPABLE. 

The  Union  lias  only  liii<l  one  strugglo  iiitliorto  for  its  existence. — Eutlinsiasiii  at 
the  coinnienceiiieiit  of  llu;  war.-  Indill^rerire  towards  its  dose. — Ditlieiilty  of 
establishini;  niilitary  eonscri|itioiior  inii)ressinent  of  seamen  in  A  mo.ica. — \Vliy 
a  democratic  people  is  less  capable  of  .sustained  ellbrt  than  another. 

1  HFRE  warn  the  readier  that  T  speak  of  a  government  which 
implicitly  follows  the  real  desires  of  the  people,  and  not  of  a 
trovernment  w  liich  simply  commands  in  its  name.  TS'othing  is  so 
irresistible  as  a  tyramjical  power  connnanding  in  the  name  of 
the  people,  because,  whilst  it  exercises  that  moral  influence  which 
belongs  to  the  decisions  of  the  majority,  it  acts  at  the  same  time 
with  the  p/omptitudc  and  the  tenacity  of  a  single  man. 


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Tt  is  (IKiiciiIt  to  sity  A\Iiiit  (Icijitp  of  cxortion  a  dcMnocratir 
tjovcniiiKiit  niiiy  \)v  <'iip:il)!(>  oC  iiiakinn',  at  a  crisis  in  tlic  lii>t()rv 
()(■  the  nalioii.  lint  no  t>r('at  dcniocratic  rrpiihru"  has  hitherto 
existed  in  the  uorhl.  To  style  the  oligarchy  uhieh  ruled  over 
FrjiMce,  J7!*'),  hy  that  name,  uonhl  he  to  olii-r  an  insidt  to  the 
repnhhcan  li)rni  oC  f;overnnient.  The  I'nited  States  ail'ord  the 
iirst  example  ot'  the  kind. 

The  American  I'nion  has  now  snhsistcd  (()rhair  a  tentnry,  in 
the  eonrse  oC  ^^hit•h  time  its  e\isten('(!  has  only  on<c  heen 
attacked,  namely,  durini;'  the  War  of  Indejjendence.  At  the 
commencement  ol"  that  lonn'  uar,  various  occurrences  took  place 
which  hetokened  an  extraordinary  /.eal  lor  the  service  of  the  coun- 
try.* lint  as  the  contest  was  proh)nii('d,  symptoms  ot'  private 
cu,<)(ism  heucan  to  >ho\\  themselves.  .No  money  was|)oin*<'d  into 
the  j)ul)lic,  treasury  ;  U  u  recruit-,  could  he  raised  to  join  the 
arn)y  ;  the  pe()j)le  wished  to  ac(|uire  inde|)en(lence,  hu.t  \\as\('rv 
ill  disposed  to  underiio  the  pri>ations  l)\  which  alone  it  could  he 
ohtalned.  "Tax  laws,"  says  Hamilton  in  the  Fe(lerali>t,  (Xo. 
.12,)  "  hav<»  in  yum  heen  multiplied  ;  new  methods  to  enCorce 
the  collection  have  in  vain  heen  tried  ;  the  pidilic  expectation 
has  heen  unilormly  disappointed ;  and  the  treasuries  of  the 
States  have  remained  empty.  The  popular  sy^tem  of  adminis- 
tration iidierent  in  the  nature  of  popular  iiovernmeut,  coincidini-' 


w 


ith  tl 


le  real  scarcitv  ol  monev  nicident  to  a  lanyiud  and  nmti- 


lated  state  of  trade,  has  hitherto  dellated  every  experiment  for 
extensive  collections,  aiui  has  at  leniith  taught  the  dill'erent  le- 
gislatures the  l()lly  of  attemptinu'  them." 

'J'he  I  nited  States  have  not  had  anv  serious  war  to  mrry  on 
ever  since  that  period.  In  order,  there(()re,  to  appreciate  the 
sacrifices  whi«h  democratic  nations  may  im|)ose  upon  themsehes, 
we  must  wait  luitil  the  American  peoj)le  is  oljliged  to  put  half 
its  entire  income  at  the  dis|)osalot"  the  (Jovernment,  as  was  donf; 
by  the  Kniilish  ;  or  until  it  sends  forth  a  twentieth  part  of  its 
population  to  the  field  of  hatth-,  as  was  done  by  i-'raiue. 

\\i  America  the  use  of  conscription  is  unknown,  and  men  are 
induced  to  enlist  by  bounties.  The  notions  and  habits  of  tlie 
peo[)le  of  the  I'nited  States  are  so  opj)osed  to  compulsory  eidi.st- 
ment,  that  1  do  not  imagine  it  can  vwr  be  sanctioned  In  the 
laws.     \\  hat  is  termed  the  conscri])tion  in  France  is  assuredly 


*  One  of  the  inostsiiii^nlar  of  tliepe  occurrences  was  the  resohition  which  tlie 
Americans  took  of  temporarily  abandoning  tlie  use  of  tea.  'I'liose  who  know 
that  men  nsuaily  cling  more  to  iheir  liabits  llian  to  their  hfe,  will  doubtless  admire 
this  great  and  obscure  sacrifice  wliich  was  made  by  a  whole  people. 


20D 


the  heaviest  tax  upon  the  population  of  that  country  ;  yet  how 
could  a  f^reat  continental  war  he  carried  on  without  it?  The 
Americans  have  not  adopted  the  British  impressment  of  seamen, 
and  they  have  nothintj;  which  corresponds  to  the  French  system 
of  maritime  conscription ;  the  navy,  as  well  as  the  merchant 
service,  is  supplied  by  voluntary  service.  But  it  is  not  easy  to 
conceive  how  a  people  can  sustain  a  u^reat  maritime  war,  without 
haviufj;  recourse  to  one  or  the  other  of  these;  two  systems.  In- 
deed, the  Tnion,  which  has  foufi^ht  with  some  honor  upon  the 
seas,  has  never  possessed  a  very  numerous  (leet,  and  tlu;  ecjuip- 
)nent  of  the  small  number  of  American  vessels  has  always  been 
excessively  expensive. 

r  have  heard  American  statesmen  confess  that  the  ['nion 
will  have  prreat  difficulty  in  maintainintj;^  its  rank  on  the  seas, 
>\  ithout  adoptinfj^  the  system  of  impressment  or  of  maritime  con- 
scrij)tion  ;  but  the  difficulty  is  to  iiuluce  the  people,  which  exer- 
cises the  supreme  authority,  to  siUjmit  to  imj)ressment  or  any 
compulsory  system. 

It  is  incontestible  that  in  times  of  danger  a  free  people;  dis- 
plays far  more  energy  than  one  which  is  not  so.  But  I  incline 
to  believe  that  this  is  more  especially  the  case  in  those  free  na- 
tions in  which  the  democratic  element  preponderates.  Dcmo- 
ciacy  appears  to  me  to  be  much  better  adapted  for  tiic  peaceful 
■osiduct  of  society,  or  for  an  occasional  efVort  of  remarkable 
.  igor,  than  for  the  hardy  and  j)rolonged  endurance  of  the  storms 
which  beset  the  political  existence  of  nations.  The  reason  is. 
very  evident ;  it  is  enthusiasm  which  prompts  men  to  expose 
themselves  to  dangers  and  privations  ;  but  they  will  not  support 
Uu>m  long  without  reflection.  There  is  more  calcidation,  even 
in  the  impulses  of  bravery,  than  is  generally  attril)utc(l  to  them  ; 
and  although  the  first  efforts  are  suggested  by  passion,  perse- 
verance is  nuiintained  by  a  distinct  regard  of  the  purpose  in 
view.  A  portion  of  what  we  value  is  exposed,  in  order  to  sa^e 
the  remainder. 

But  it  is  this  distinct  perception  of  the  future,  founded  upon 
a  sound  judgment  and  an  enlightened  experience,  which  is  most 
frequently  wanting  in  democracies.  The  populace  is  more  apt 
to  feel  than  to  reason  ;  and  if  its  present  sufferings  are  great,  it 
is  to  be  feared  that  the  still  greater  sufferings  attendant  upon 
defeat  will  be  forgotten. 

Another  cause  tends  to  render  the  eflbrts  of  a  democratic  gov- 
ernment less  persevering  than  those  of  an  aristocracy.  Not  only 
are  the  lower  classes  less  awakened  than  the  higher  orders  to 

27 


1-. 


'I 


S'!lA.  HUM 

t 


210 


the  good  or  evil  <-h<mccs  of  the  iiitnre,  but  they  are  Hable  to  suf- 
fer far  more  acutely  from  present  })iivntions.  The  noble  exjioses 
his  life,  indeed,  but  the  ehaneo  of  ii'lory  is  equal  to  the  chance 
of  harm.  If  he  sacrifices  a  large  jjortion  of  his  income  to  the 
State,  he  deprives  himself  for  a  time  of  the  pleasure  of  afHuence ; 
but  to  the  poor  man  death  is  embellished  by  no  ponij)  or  renown  ; 
and  the  i  nposts  which  are  irksome  to  the  ric!»  are  fatal  to  him. 

This  relative  imi)otcnce  of  democratic  republics  is,  perhaps, 
the  greatest  obstacle  to  the  I'oundation  of  a  republic  of  this  kind 
m  Europe.  Jn  order  that  such  a  state  should  subsist  in  one 
country  of  the  Old  World,  it  would  be  necessary  that  similar  in- 
stitutions should  be  introduced  into  all  the  other  nations. 

I  am  of  opinion  that  a  democratic  government  tends  in  the 
end  to  increase  the  real  strength  of  society ;  but  it  con  never 
conibine,  ii})oii  a  single  point  and  at  a  given  time,  so  luudi  power 
as  an  aristocracy  or  a  monarchy,  if  a  democrp<ic  •ountry  re- 
mained during  a  whole  century  subject  to  a  rej)ublican  govern- 
ment, it  would  probably  at  the  end  of  that  period  be  more 
populous  and  more  prosperous  than  the  neighboring  despotic 
States.  But  it  w  ould  have  incurred  tiie  risk  of  being  conquered 
much  oftener  than  they  would,  in  that  lapse  of3ears. 


|!      f 


Ir  «.« 
J,  I 

•  T 

.1: 


I 


m 


SELF-CONTROL    OF    THE    AMERICAN    DEMOCRACY. 

The  American  jieople  ncquicsces  slowly,  or  frcquenliy  docs  not  acquiesce,  in 
v\iial  is  beneticial  to  its  interests. — The  faults  of  tlie  Anieiicaii  t'cniocn.cy  aro 
for  the  most  part  reparable. 

The  difllculty  w  liich  a  democracy  has  in  conni'.ering  the  pas- 
sions, and  in  subiluing  the;  exigencies  of  the  moment,  with  a 
view  to  the  future,  is  cons[)icuous  in  the  most  trivial  occiirreiu'es 
in  the  Cuited  States.  The  peojjiu  which  is  surrounded  by  llat- 
terers  has  ureat  difiiculty  In  siu'mounting  its  inclinations  ;  and 
\vhene\Oi-it  is  solicited  to  mid(Tgo  a  j)rivation  or  any  kind  of 
in»  onvenience,  vww  to  attain  an  end  wliicli  is  sanctioned  b\  its 
own  rational  conviction,  it  almost  always  refuses  to  comply  at 
first.  The  deli^rence  of  the  Americans  ;)  the  laws  has  been 
very  justly  a|)plauded  ;  but  it  nmst  be  added  that  in  America 
the  legislation  is  made  by  the  |)eoj)le  and  for  the  people.  Con- 
sequently, in  the  I  nited  States,  the  law  favors  those  classes 
which    are  most    interested    in    evading  it  elsewhere.     It    may 


211 


.r,i 


therefore  be  supposed,  that  an  ofiensive  law,  which  should  not 
be  acknov,'Iedp;r.'d  to  be  one  of  immediate  utility,  would  either 
not  be  enacted  or  would  not  be  obeyed. 

In  America  there  is  no  law  ag'ain.':t  fr^.vidulent  bankruptcies ; 
not  because  thev  are  few,  but  because  there  are  a  ffreat  number 
of  bankruptcies.     The  dread  of  l)einu'  j)rosecutod  as  a  baidirupt 
acts  with  more  intensity  upon  the  mind  of  the  majority  of  the 
peoj)le,  than  the  fear  of  beinp;  involved  in  losses  or  ruin  by  the 
failure  of  other  parties  ;  and  a  sort  of  t^uilty  tolerance  is  extended 
by  the  public  ccMiscience,  to   an  ofience  which  every  one  con- 
demns in   his  individual  capacity.     In  the  New  States  of  the 
South-West,  the  citizens  fi:enerally  take  justice  into  their  own 
hands,   rnd    murders  are  of  very  iVequent  occurrence.     This 
arises  f  <im  the  rude  manners  nnd  the  icrnorance  of  the  inhabitants 
of  those  deserts,  who  do  not  i)erceive  the  utility  of  investinn;  the 
law  with  adequate  force,  and  who  prefer  duels  to  prosecutions. 
Souk?  one  observed  to  me  one  day,  in  Philadelphia,  that  al- 
most all  crimes  in  America  are  caused  by  the  abuse  of  intoxicat- 
iui^   fiquors,   which   the    lower  classes    can    procure    in    jxreat 
abuiulance  from  their  excessive  cheapness.      "  IT(nv  comes  it," 
said  I,  "that  you  do  not  ])ut  a  duty  upon  brandy?"      "Our  lo- 
p:islators,"  rejoined  my  informant,  "have  frequently  thought  of 
this  expedient  ;  but  the  task  of  putting-  it  in  operation  is  a  difti- 
cult   one :  a   revolt  might  be  apprehended  ;  and  the  members 
who  should  vote  for  a  law  of  this  kind  would  be  sure  of  losing 
their  seats."      "  Whence  I  am  to  infer,"  rejjlied  I,  "  that  the  drink- 
ing j)opulation   constitutes  the  majority  in  your   country,  and 
that  temi)erance  is  somewhat  unjiopular." 

When  tliese  things  are  pointed  at  to  the  American  statesmen, 
they  content  themselves  with  a^'^uring-  you  that  time  will  operate 
the  necessary  change,  and  that  the  (experience  of  evil  will  teach 
the  people  its  true  intere>ts.  This  is  fri^quently  true  :  although 
a  demoerr.cy  is  more  liabk"  to  error  than  a  monarch  or  a  body 
of  nobles,  the  chances  of  its  regiuning  the  right  path,  when  once 
it  has  ;u"knowledged  its  mistake,  are  g:reater  also  ;  l)ecause  it  is 
ran>ly  embarrassed  by  internal  interests,  which  conllict  with 
those  of  the  majority,  and  resist  th(>  authority  of  reason.  But  a 
democracy  can  oidy  obtain  truth  a>  the  result  of  (^xi'erience  ; 
aiid  many  nations  may  (in-feit  tlu^r  (>\istence,  whilst  they  are 
awaiting  the  cons(>qu«MUM>s  of  their  errors. 

The  great  j)rivilege  of  the  Annricans  does  not  simply  con-i^t 
in  their  I;;'ing  more  enlightened  than  other  nations,  but  in  their 
being  able  to  rei)air  the  faults  they  may  commit.     To  which  it 


(^' 


y  \ 


I*.  I., 


*% 


r  I 


I  i^ 


212 


;■.!  -1 


1^ 


|r  earn 
I 


<: 


«M> 


must  be  added,  that  a  democracy  cannot  derive  substantial 
benefit  from  past  exjierience,  unless  it  be  arrived  at  a  certain 
pitch  of  kiiowlcdire  and  civilization.  There  are  tribes  and  peo- 
ples wliose  education  has  been  so  vicious  and  whose  character 
presents  so  strange  a  mixture  of  passion,  of  ignorance,  and  of 
erroneous  notions  upop.  all  subjects,  that  they  are  unable  to  dis- 
cern the  cause  of  their  own  wretchedness,  and  they  fall  a  sacri- 
fice to  ills  with  which  they  are  unacquainted. 

I  have  crossed  vast  tracts  of  country  that  were  formerly  in- 
habited by  powerful  Indian  nations  which  are  now  extinct ;  I 
liave  myscll'  passed  some  time  in  the  nidst  of  mutilated  tribes, 
which  witness  the  dail}'  decline  of  their  numerical  strength,  and 
of  the  glory  of  tlieir  independence ;  and  I  have  hoard  these  'n- 
dians  themselves  anticipate  the  impending  doom  of  their  race. 
Ever\  European  can  percei> e  means  which  would  rescue  these 
unfortunate  beings  from  inevitable  destruction.  They  alone  are 
insensible  to  the  exjKMlient ;  they  feel  the  woe  which  yea-  after 
year  heaps  upon  their  heads,  but  they  will  perish  to  a  man 
without  accepting  the  remedy.  It  would  be  necessary  to  employ 
force  to  inthice  them  to  submit  to  the  protection  and  thv.  con- 
straint of  civilization. 

The  incessant  revolutions  which  have  convulsed  the  South 
American  jn'ovinccs  for  the  last  quarter  of  a  century  have  fre- 
quently been  adverted  to  with  astonishment,  and  expectations 
have  been  expressed  that  those  nations  would  speedily  return  to 
their  natural  state.  But  can  it  be  aflirmed  that  the  turmoil  of 
revolution  is  iu)t  actually  the  most  natural  state  of  the  South 
Anuriciui  Spaniards  at  the  present  time  ?  In  that  country  society 
is  plunged  into  difiiculties  from  which  all  its  cflbits  are  insufli- 
ci(>nt  to  rescue  it.  The  inhabitants  of  that  fair  poriiou  of  the 
Western  Hemisphere  seem  obstinately  bent  on  pursuing  the 
work  of  inward  havock.  If  they  fall  into  a  momentary  repose 
from  tiie  eticcts  of  exhaustion,  that  repose  prepares  them  for  a 
fresh  state  of  frenzy.  When  I  consider  their  condition,  which 
alternates  between  misery  and  crime,  I  should  be  inclined  to 
believe  that  despotism  itself  would  be  a  benefit  to  them,  if  it 
were  possible  that  the  words  despotism  and  benefit  could  ever 
be  united  in  my  mind. 


tl^ 


213 


jtantial 
certain 
id  peo- 
aractcr 
and  of 
to  dis- 
a  sacri- 

erlv  in- 
inct ;  I 

tribes, 
jtli,  and 
lese  'ji- 
ir  race, 
le  these 
lone  are 
^a"  after 

a  man 

employ 

[Ik  con- 

e  South 
lave  fre- 
Htations 
eturn  to 
rmoil  of 
South 
society 
insuHi- 
of  the 
im^  tiie 
repose 
m  ior  a 
,  which 
ined  to 
em,  if  it 
idd  ever 


CONDUCT   OF    FOREIGN   AFFAIRS   BY  THE    AMERICAN 

DEMOCRACY. 

Direction  given  to  the  rorei,';n  policy  of  the  United  States  by  Washington  and 
Jetleison  . — Almost  all  the  defects  iiiiierent  in  den)ocratic  institutions  are  brought 
to  light  in  the  conduct  of  foreign  aliairs. — Their  advantages  are  less  perceptible. 

We  have  seen  that  the  Federal  Constitution  entrusts  the  perma- 
nent direction  of  the  external  interests  of  the  nation  to  the  Pre- 
sident and  the  Senate*  ;  which  tends  in  some  degree  to  detach 
the  i^eneral  foreign  policy  of  die  Union  from  the  control  of  the 
people.  It  cannot  therefore  be  asserted,  with  trudi,  that  the 
external  a/lairs  of  state  are  conducted  by  the  democracy. 

The  policy  of  America  owes  its  rise  to  Washinii;ton,  and  after 
him  to  Jellbrson,  who  established  tliosc  principles  which  it  ob- 
serves at  the  present  day.  Wasl!inii;ton  said  in  the  admirable 
letter  which  lu;  addressed  to  his  fellow-citizens,  and  which  may 
be  looked  upon  as  his  political  bequest  to  the  country  : 

"  The  u^reat  rule  of  conduct  for  us  in  regard  to  foreign  na- 
tions is,  in  extending  our  commercial  relations,  to  have  with  tliein 
as  little  poUCctd  connexion  as  possible.  So  far  as  we  have  al- 
ready I'onned  engagements,  let  them  be  fulfilled  with  perfect  good 
faith.     Here  let  us  stop. 

"  Europe  has  a  set  of  nrimary  interests,  which  to  us  have 
none,  or  a  very  remote  relation.  Hence,  she  must  be  engnged 
in  fr.  (i'UMit  controA ersies,  the  causes  of  which  are  essentially 
foreign  to  cm' concerns.  Hence,  therefore,  it  must  1  invise  in 
us  to  implicate  ourselves,  by  artificial  ties,  in  the  ordinary  vicis- 
situdes of  her  politics,  or  the  ordinary  combinations  and  colli- 
sions of  her  friendships  or  enmities. 

"Our  detached  and  distant  situation  invites  and  enables  us  to 
j)ursue  a  diU'ereut  course.  If  we  remain  one  people,  under  an 
eliicient  government,  the  j)eriod  is  not  far  olfwhen  we  may  defy 
material  injin-y  from  external  annoyance ;  when  we  may  take 
such  an  attitude  as  will  cause  the  neutrality  we  may  at  any  time 
resolve  upon  to  be  scrupulously  r(>spected ;  when  belligerent 
nations,  under  die  iinpossibihty  of  making  acquisitions  upon  us, 

*  "The  President,"  says  the  Constitution,  Art.  II.,  sect.  2,  vS  2,  "  shall  have 
power,  by  and  with  the  advice  and  consent  of  the  Senate,  to  make  treaties,  pro- 
vided two-thirds  of  the  senators  present  concur."  Tlie  reader  is  reminded  that 
the  senators  are  returned  lor  a  term  of  six  years,  and  that  they  are  chosen  by  the 
legislature  of  each  iStute. 


.    f ' 


'*-i     '■!-: 


•tr 


ni'uni 


>    . 


'il 


•  •  J 


IIH 


I'.. 


^  «!«<:»« 

1* 

HIMI 

mir 

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i 

1 

* 

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?.I4 


i 


'X4 


9    • 


«'  .» 
I 

I  :'■ 


i 


^m 


M'ill  not  liirlitlv  ha/nrd  the  giving-  us  provocation  ;  when  we  may 
choose  peace  or  war,  as  our  interest,  guided  by  justice,  shall 
counsel. 

"  ^\'hy  forego  the  advantages  of  so  peculiar  a  situation  ?  Why 
quit  our  own  to  stand  upon  foreign  ground  ?  Why,  by  inter- 
weaving our  destiny  with  that  of  any  part  of  Europe,  entangle 
our  peace  and  prosperity  in  the  toils  of  European  ambition, 
rivalship,  interest,  humor,  or  cajjric    ? 

"  It  is  our  true  policy  to  steer  dor  of  permanent  alliances 
with  any  portion  of  the  foreign  world  ;  so  tar,  I  mean,  as  we 
are  now  at  liberty  to  do  it ;  for  let  me  not  be  understood  as 
capable  of  patroniziiii;-  infidelity  to  existing  engagements.  I 
hold  the  maxim  no  less  applicable  to  jmblic  than  to  private  af- 
fairs, that  honesty  is  always  tiie  best  jJoHcy.  T  repeat  it,  there- 
fore, let  those  engagements  be  observed  in  their  genuine  sense  ; 
but  in  my  opinion  it  is  unnecessary,  and  would  be  unwise,  to 
extend  them. 

"  Taking  care  always  to  keep  oiu'sclves,  by  suitable  establish- 
ments, in  a  respectabk'  defensive  posture,  we  may  safely  trust  to 
temj)orarv  alhances  for  extraordinary  cmeriiencies." 

In  a  previous  part  of  the  same  letter,  Washington  makes  the 
following  admirable  and  just  remark  :  "  The  nation  which  in- 
dulges towards  another  an  habitual  hatred,  or  an  hal-itual  loud- 
ness, is  in  some  dei!:reo  a  slave.  It  is  a  slave  to  its  juiimosity  or 
its  ali'cction,  cither  of  which  is  sutiiclent  to  lead  it  astray  from 
its  duty  aufl  its  interest." 

The  j)oIitical  conduct  of  Washington  was  always  guided  by 
these  maxims.  JIc  succeeded  in  maintaining  his  country  in  a 
state  of  peace,  whilst  all  the  otluM*  nations  of  the  globe  were  at 
war ;  and  he  laid  it  down  as  a  fimdamental  doctrine,  that  the 
true  interest  of  the  Anu'ricans  consisted  in  a  perfect  neutrality 
with  regard  to  the  internal  dissensions  of  the  European  powers. 

JelVcrson  went  still  further,  and  hv  itUroduced  a  maxim  into 
the  policy  of  the  Union,  which  atiirn)s,  that  "  the  Americans 
ought  never  to  solicit  any  privileges  li-om  foreign  nations,  in 
order  not  to  be  obliixed  to  grant  similar  privileges  themselves." 

These  two  princlj)les,  wliirh  were  so  j)lain  and  so  just  as  to 
be  adajited  to  the  capacity  of  the  [)0|)ulace,  ha\  e  greatly  sim|)li- 
fied  the  foreign  policy  of  the  Tnited  States.  As  the  I'nion  take^ 
no  part  in  the  a/lairs  of  Eurojje,  it  has,  pro[)erly  sp(>aking,  no 
foreign  interests  to  discuss,  since  it  has  at  present  no  powerful 
ne'ghbors  on  the  American  continent.  The  country  is  as  much 
removed  from  the  passions  of  the  Uld  World  by  its  position,  as 


10 


Cf 


iMl 


lowers. 

iin  into 

lorioaus 

ions,  in 
I'lvrs." 
-t  as  to 
>inipli- 

m  takt'> 
inii',  no 

xiworful 
■is  much 

ition,  as 


215 

by  the  line  of  policy  which  it  has  chosen  ;  and  h  is  neither  called 
upon  to  repudiate  nor  to  espouse  the  conflictinc^  interests  of 
Europe ;  u  liilst  the  dissensions  of  the  New  World  are  still  con- 
cealed within  the  l)Osom  of  the  future. 

The  Union  is  free  from  all  pre-existino;  ol)]ic;ations ;  and  it  is 
consequently  enabled  to  profit  by  the  exjierience  of  the  old  na- 
tions of  Europe,  without  beinji'  ol>li2:ed,  as  they  are,  to  make  the 
best  of  the  past,  and  to  adapt  it  to  their  present  circumstances  ; 
or  to  accept  that  immense  inheritance  which  they  derive  from 
their  forefathers,  —  an  inheritance  of  glory  minij^led  with  calami- 
tics,  and  of  alliances  condictinc^  with  national  antipathies.  The 
lbreii!:;n  policy  of  the  United  States  is  reduced  by  its  very  nature 
to  await  the  chances  of  the  future  history  of  the  nation  ;  and 
lor  the  present  it  consists  more  in  abstaining  i'rom  interference 
than  in  exertinu;  its  activity. 

It  is  therefore  very  didicult  to  ascertain,  at  present,  what  de- 
gree of  sagacity  the  American  democracy  will  display  in  the 
conduct  of  the  foreign  policy  of  the  country  ;  and  upon  this 
point  its  adversaries,  as  well  as  its  advocates,  must  suspend  their 
judgment.  As  lor  myself,  J  have  no  hesitation  in  avowing  my 
conviction,  that  it  is  most  esjiecially  in  the  conduct  of  foreign  re- 
lations, that  democratic  governments  ajipear  to  me  to  be  deci- 
dedly inferior  to  governments  carried  on  upon  dilferent  jirinci- 
ples.  Experience,  instruction,  and  habit  may  almost  always 
succeed  in  creating  a  s[)ecies  of  practical  discretion  in  democra- 
cies, atul  that  science  of  the  daily  occurrences  of  life  which  is 
called  good  sense.  Good  sense  may  sullice  to  direct  the  ordi- 
nary course  of  society  ;  and  amongst  a  people  w  hose  education 
has  been  j)rovi(led  lor,  the  advantages  of  di^nocratic  liberty  in 
the  internal  affairs  of  the  <ountry  may  more  thaii  compensate 
for  the  evils  inherent  in  a  democratic  government.  But  such  is 
not  always  the  cas(>  in  the  nuitual  relations  of  foreign  nations. 

Foreign  politics  dem;uul  scarcely  any  of  llu)se  quulilies  which 
a  democracy  j)ossesses ;  and  they  require,  on  the  contrary,  the 
perfect  use  of  almost  all  those  faculties  in  which  it  is  deficient. 
Democracy  is  favorable  to  the  increas(>  of  the  internal  resources 
of  a  Slate;  it  tends  to  dilluse  a  moderate  independence;  it  jn'o- 
niotes  the  gro\^  th  of  public  spirit,  and  (brtifies  the  respect  wliich 
is  entertained  for  law  in  all  classes  of  society  :  and  these  are 
advantages  which  only  exercise  an  indirect  iniluence  over  the 
relations  which  one  peo|)le  bears  to  another,  lint  a  democracy 
is  unable  to  rc^gulatc  the  details  of  an  important  undertaking, 
to  persevere  in  u  design,  and  to  work  out  its  execution  in  the 


i\ 


<?>  Ill'  um 


m  V 


'n 


m 


in. 


'\ 


^  MitilMI 

H  'J 

J'i 

V  ;j 

i:.| 


.  I 


216 


if 

•  ■ 


t 


SUM 


• 

130 

ll 

,«!1 

Ml 

|! 

ATJ 

fl 

.1«|l 

!!' 

•  .», 

i\ 

1' 

.1 

presence  of  serious  obstacles.  It  cannot  combine  its  measures 
with  secrecy,  fi"^!  it  ^^''"  "o*  await  their  consequences  with  pa- 
tience. These  are  quahties  which  more  especially  belonj^  to  an 
individual  or  to  an  aristocracy  ;  and  they  are  precisely  the  means 
by  which  an  individual  people  attains  to  a  predominant  position. 

Ji]  on  the  contrary,  we  observe  the  natural  defects  of  aristo- 
cracy, we  shall  find  that  their  inlluence  is  comparatively  innox- 
ious in  the  direction  of  the  external  affairs  of  a  State.  The 
capital  fault  of  which  aristocratic  bodies  may  be  accused,  is  that 
they  are  more  apt  to  contrive  their  own  advantaj^e  tlian  that  of 
the  mass  of  the  people.  In  foreip;n  politics  it  is  rare  for  the 
interest  of  the  aristocracy  to  be  in  any  way  distinct  from  that 
of  the  people. 

The  propensity  Avhich  democracies  have  to  obey  the  impulse 
of  passion  rather  than  the  suggestions  of  prudence,  and  to  aban- 
don a  mature  desiirn  for  the  c:ratification  of  a  momentary  ca- 
price, was  very  clearly  seen  in  America  on  the  breaking;  out  of 
the  French  Ikcvolution.  it  was  then  as  evident  to  the  simplest 
capacity  as  it  is  at  the  present  time,  that  the  interest  of  the 
Americans  forbade  them  to  take  any  part  in  the  contest  which 
was  ai)out  lo  deluge  JMirope  with  blood,  but  which  could  In'  no 
means  injure  the  welfare  of  their  own  country.  Nevertheless 
the  sympathies  of  the  people  declared  themselves  with  so  much 
violence  in  behalf  of  France,  that  nothing  but  the  inflexible 
character  of  Washington,  and  the  immense  popularity  which 
he  enjoyed,  could  have  prevented  the  Americans  from  declaring 
war  against  England.  And  even  then,  the  exertions,  which 
the  austere  reason  of  that  great  man  made  to  repress  the  gener- 
ous but  imprudent  passions  of  his  fellow-citizens,  very  nearly 
deprived  him  of  the  sole  recompense  which  he  had  ever  claimed, 
—  that  of  his  country's  love.  The  niajority  then  rej)rohated 
the  line  of  j)olicy  which  he  adopted,  and  which  has  since  been 
unanimously  approved  by  the  nation.* 

*  Seo  the  fiflh  volume  of  Marslinll's  Life  of  Washington.  "  In  a  povnni- 
nient  constituted  like  that  of  the  United  Siates,"  he  says,  "  it  is  irn[)Ossihie  for 
tlie  chief  magistrate,  however  firm  lie  may  he,  to  oppose  for  any  length  of  tinie 
the  torrent  of  [lopwlar  opinion  :  and  the  |)revalent  o|)inion  of  that  day  seemed  to 
incline  to  war.  In  fact,  in  the  session  of  Congress  held  at  the  time,  it  was  fre- 
quently seen  that  Washington  had  lost  the  majority  in  the  House  of  Representa- 
tives." The  violence  of  the  language  used  agaiiis'  him  in  public  was  extreme, 
and  in  a  political  meeting  they  did  not  sernple  to  compare  him  indirectly  to  the 
treacherous  Arnold.  "  By  the  opposition,"  says  IMarshall,  "  the  friends  of  the 
administration  were  declared  to  he  an  aristocratic  and  corrupt  faction,  who,  from 
a  desire  to  introduce  monarchy,  were  hostile  to  France,  and  under  the  influence 
of  Britain;  that  they  were  a  paper  nohility,  whose  extreme  sensihilily  at  every 
measure  wiiich  threatened  the  funds,  induced  a  tame  submission  to  injuries  and 
insults,  which  lite  interests  and  honor  of  the  nation  required  them  to  resist." 


I 


%'^ 


r-v 


217 

If  the  Constitution  and  the  favor  of  the  public  had  not  entrusted 
the  direction  of  the  foreign  ati'airs  of  the  country  to  Washinf?ton, 
it  is  certain  that  the  American  nation  would  at  that  time  have 
taken  the  very  measures  which  it  now  condemns. 

Almost  all  the  nations  which  have  exercised  a  powerful  in- 
fluence upon  the  destinies  of  die  world,  by  conceiving,  following 
up,  and  executing  vast  designs — from  the  Romans  to  the  En- 
glish—  have  been  governed  by  aristocratic  institutions.  Nor 
will  this  be  a  subject  of  wonder  when  we  recollect  that  nothing 
in  the  world  has  so  absolute  a  fixity  of  purpose  as  an  aristocracy. 
'I'lie  mass  of  the  people  may  be  led  astray  by  ignorance  or  pas- 
sion ;  the  mind  of  a  king  may  be  biassed,  and  his  perseverance  in 
his  designs  may  be  shaken,  —  besides  which  a  king  is  not  immortal ; 
—  bnt  an  aristocratic  body  is  too  numerous  to  be  led  astray  by  the 
blandishments  of  intrigue  ;  and  yet  not  numerous  enough  to 
yield  readily  to  the  intoxicating  influence  of  unreflecting  passion  : 
it  has  the  energy  of  a  firm  and  enlightened  individual,  added 
to  the  power  which  it  derives  from  its  perpetuity. 


i-i' 


'i   .tM 


a  ,,  i 


Cj: 


Hi'uni 


'•  n 


I 


m 


illl:«il« 


CHAPTER  XIV. 

WHAT  THE  REAL  ADVANTAGES  ARE  WHICH  AMERICAN  SO- 
CIETY DERIVES  FROM  THE  GOVERNMENT  OF  THE  DE- 
MOCRACY. 

Before  I  enter  upon  the  subject  of  the  present  chapter,  I  am 
induced  to  remind  the  reader  of  what  I  liave  more  than  once 
adverted  to  in  the  course  of  this  book.  The  political  institu- 
tions of  the  United  Slates  appear  to  me  to  be  one  of  the  forms 
of  government  which  a  democracy  may  adopt ;  but  I  do  not 
regard  the  American  Constitution  as  the  best,  or  as  the  only 
one  which  a  democratic  people  may  establish.  In  showing  the 
advantages  which  the  Americans  derive  from  the  government 
of  democracy,  I  am  therefore  very  far  from  meaning,  or  from 
28 


'^*'l*. 

l|li« 

Sk; 

;:5i 

*:» 

:» 

.^i 

5   ' 

;i; 

1 

* 

'i 

*"; 

"'1 

;J 


I 


>>.•  ■  I 


!>• 


I  *'»' 


I 


|i 


lev 

m 

■  I, 
U 


»r; 


I 


4MJ 


218 

believing,  that  similar  advantages  can  only  be  obtained  from 
the  same  Jaws. 


GENERAL  TENDENCY  OF  THE  LAWS  UNDER  THE  RULE  OF 
THE  AMERICAN  DEMOCRACY,  AND  HABITS  OF  THOSE  WHO 
APPLY    THEIVI. 

Defects  of  a  democratic  government  easy  to  be  discovered. — Its  advantnc:cs  only 
to  be  discerned  by  lon^  observation. — Deniocr.icy  in  America  often  inexpert, 
but  tbe  jieiieni!  tendency  of  the  laws  advantageous. — In  tlie  American  demo- 
cracy public  otficers  have  no  permanent  interests  distinctfrom  those  of  the  ma- 
jority.— Kesult  of  this  state  of  things. 

The  defects  and  the  weaknesses  of  a  democratic  government 
may  very  readily  be  discovered;  they  are  demonstrated  by  the 
most  flaiirant  instances,  whilst  its  beneficial  influence  is  less 
perceptibly  exercised.  A  single  glance  suflices  to  detect  its 
evil  consequences,  but  its  good  qualities  can  only  be  discerned 
by  long  observation.  The  laws  of  ihe  American  democracy 
are  frequently  defective  or  incomplete ;  they  sometimes  attack 
vested  rights,  or  give  a  sanction  to  others  which  are  dangerous 
to  the  community  ;  but  even  if  they  were  good,  the  frequent 
f:hanges  which  tlioy  undergo  would  be  an  evil.  How  eomes 
it,  then,  that  the  American  republics  prosper,  and  maintain 
their  position? 

]n  the  consideration  of  laws,  a  distinction  must  be  carefully 
observed  between  the  end  at  which  they  aim,  and  the  means  by 
which  they  are  directed  to  that  end  ;  between  their  absolute, 
and  their  relative  excellence.  If  it  be  the  intention  of  the  legis- 
lator to  favor  the  interests  of  the  minority  at  the  expense  of  the 
majority,  and  if  the  measures  he  takes  are  so  combined  as  to 
acconjplish  the  object  he  has  in  view  with  the  least  possible 
expense  of  time  and  exertion,  the  law  may  be  well  drawn  up, 
although  its  purpose  be  bad  ;  and  the  more  eliicacious  it  is,  the 
greater  is  the  mischief  which  it  causes. 

Democratic  laws  generally  tend  to  promote  the  welfare  of 
the  greatest  possible  number  ;  for  they  emanate  from  a  majority 
of  the  citizens,  who  are  subject  to  error,  but  who  cannot  have 
an  interest  opposed  to  their  own  advantage.  The  laws  of  an 
aristocracy  tend,  on  the  contrary,  to  concentrate  wealth  and 


wmm 


219 


ned  from 


nULE     OF 
OSE    WHO 


intn^rcs  only 
;n  inexpert, 
ricjin  denio- 
:e  of  thenia- 


vernment 
led  by  the 
cc  is  less 
detect  its 
(lisccined 
cmocracy 
es  attack 
angeroiis 
frequent 
j\v  comes 
maintain 

carefully 
means  by 
absolute, 
the  le^is- 
ise  of  the 
led   as  to 

possible 
ravvn  up, 

it  is,  the 

^  el  fa  re  of 
majority 
Dot  have 
ws  of  an 
alth  and 


power  in  the  hands  of  the  minority,  because  an  aristocracy,  by 
its  very  nature,  constitutes  a  minority.  It  may  therefore  be 
asserted,  as  a  general  proposition,  that  the  purpose  of  a  demo- 
cracy in  the  conduct  of  its  legislation,  is  useful  to  a  greater 
number  of  citizens,  than  that  of  an  aristocracy.  This  is,  how- 
ever, the  sum  total  of  its  advantages. 

Aristocracies  are  infinitely  more  expert  in  the  science  of  le- 
gislation than  democracies  ever  can  be.  They  are  possessed 
of  a  self-control  w  hich  protects  them  from  the  errors  of  a  tem- 
porary excitement ;  and  they  form  lasting  designs  which  they 
mature  with  the  assistance  of  favorable  opportunities.  Aristo- 
cratic government  proceeds  with  the  dexterity  of  art ;  it  under- 
stands how  to  make  the  collective  force  of  all  its  laws  converge 
at  the  same  time  to  a  given  point.  Such  is  not  the  case  with 
democracies,  whose  laws  are  almost  always  inafteclive  or  inop- 
portune. The  means  of  democracy  are  therefore  more  imper- 
fect than  those  of  aristocracy,  and  the  measures  which  it 
unwittingly  adopts  are  frequently  opposed  to  its  own  cause ; 
but  the  object  it  has  in  view  is  more  useful. 

Let  us  now  imagine  a  community  so  organized  by  nature, 
or  by  its  constitution,  that  it  can  support  the  transitory  action 
of  bad  laws,  and  that  it  can  await,  without  destruction,  the 
general  tendency  of  the  legislation :  we  shall  then  be  able  to 
conceive  that  a  democratic  government,  notwithstanding  its  de- 
fects, will  be  most  fitted  to  conduce  to  the  prosperity  of  this 
community.  This  is  precisely  what  has  occurred  in  the  I.  nited 
States ;  and  I  repeat,  what  1  have  before  remarked,  that  the 
great  advantage  of  the  Americans  consists  in  their  being  able 
to  commit  faults  which  they  may  afterwards  repair. 

An  analogous  observation  may  be  made  respecting  public 
officers.  It  is  easy  to  pciTeive  that  the  American  democracy 
frequently  errs  in  the  choiie  of  the  individuals  to  whom  it  en- 
trusts the  power  of  the  atlministration  ;  but  it  is  more  difiicult  to 
say  why  the  State  })rospers  under  their  rule.  In  the  first  place 
it  is  to  be  remarked,  that  if  in  a  democratic  State  the  governors 
have  less  honesty  and  lest  capacity  than  elsewhere,  the  govern- 
ed on  the  other  hand  are  more  enlightened  and  more  atteiitive  to 
dieir  interests.  As  the  people  in  democracies  is  more  incessant- 
ly vigilant  in  its  affairs,  and  more  Jealous  of  its  rights,  it  pre- 
vents its  representatives  from  abandoning  that  general  line  of 
conduct  which  its  own  interest  prescribes,  [n  the  second  place 
it  must  be  remembered  that  if  the  democratic  magistrate  is  more 
apt  to  misuse  liis  power,  he  possesses  it  for  a  shorter  period  of 


-i 


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m. 


Ill'  Utif 


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m. 


u. 


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I<*1 


K0\:\ 


*  ■'  »*.  )|  uia 


!■'«: 


•^RH.!? 

*■!. 

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< 

1 

ft\ 

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220 


i 


PI  i»  I 

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r 


■mf  I 


'l».il 


I 

♦•■»  ! 
,1(1  > 
«U  » 


V 


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,1' 


time.  But  there  is  yet  .anotlier  reason  whicli  is  still  more  c^eneral 
and  conclusive.  It  is  no  doubt  of  importance  to  the  vvcllare  of 
nations  tiiat  they  should  be  p,<)verned  by  men  of  talents  and  vir- 
tue ;  but  it  is  perhajjs  still  more  important  that  tlie  interests  of 
those  men  should  not  diller  from  the  interests  of  the  comnunuty 
at  larp:e  ;  for  if  such  were  the  case,  virtues  of  a  hif;h  order  mifj^ht 
become  useless,  and  talents  might  be  turned  to  a  bad  account. 

I  say  that  it  is  important  that  the  interests  of  the  persons  in 
authority  should  not  conflict  with  or  oppose  the  interests  of  the 
community  at  large  ;  but  1  do  not  insist  upon  their  having  the 
same  interests  as  the  whulc  j)opulation,  because  1  am  not  aware 
that  such  a  state  of  things  ever  existed  in  any  country. 

No  political  form   has  hitherto  been   discovered,  which  is 
equally  favorable  to  the  prosperity  and  the  development  of  all 
the  classes  into  which  society  is  divided.     Tliese  classes  con- 
tinue to  forn),  as  it  were,  a  certain   number  of  distinct  nations 
in  the  same  nation  ;  and  experience  has  shown  that  it  is  no  less 
dangerous  to  place  the  fate  of  these  classes  exclusively  in  the 
hands  of  any  one  of  then),  than  it  is  to  make  one  people  the 
arbiter  of  the  destiny  of  another.     When  the  rich  alone  govern, 
the  interest  of  the  poor  is  always  endangered  ;  and  when  the 
poor  make  the  laws,  that  of  the  rich  incurs  very  serious  risks. 
"The  advantage  of  democracy  does  not  consist,   therefore,  as 
;  has  sometimes  been  asserted,  in  favoring  the  prosperity  of  all, 
;  but  simply  in  contributing  to  the  well-being  of  the  greatest 
possible  number. 

The  men  who  are  entrusted  with  the  direction  of  public 
aflairs  in  the  United  Slates,  are  frequently  inferior,  both  in 
point  of  capacity  and  of  morality,  to  those  whom  aristocratic 
institutions  would  raise  to  power.  But  their  interest  is  iden- 
tified and  confounded  with  that  of  the  majority  of  their  fellow- 
citizens.  They  may  freqnentl}'  be  faithless,  and  frequently 
mistaken  ;  but  they  will  never  systematically  adopt  a  line  of 
conduct  opposed  to  the  will  of  the  majority  ;  and  it  is  impossi- 
ble that  they  should  give  a  dangerous  or  an  exclusive  tendency 
to  the  government. 

The  mal-administration  of  a  democratic  magistrate  is  a  mere 
isolated  fact,  which  only  occurs  during  the  short  period  for 
which  he  is  elected.  Corruption  and  incapacity  do  not  act  as 
common  interests,  which  may  connect  men  permanently  with 
one  another.  A  corrupt  or  an  incapable  magistrate  will  not 
concert  his  measures  with  another  magistrate,  simply  because 
that  individual  is  as  corrupt  and  as  incapable  as  himself;  and 


221 


general 
Ifiire  of 
lul  vir- 
rc'sts  of 
iniunity 
r  inifjlit 
locount. 
rsous  in 
IS  of  the 
>ing  the 
t  aware 


vhich  is 
It  of  all 
ies  con- 
nations 
s  no  less 
ly  in  the 
ople   the 
govern, 
rvhen  the 
us  risks, 
efore,  as 
ty  of  all, 
greatest 


IS  a  mere 

Miod  for 

ot  act  as 

itly  with 

will  not 

because 

jlf;  and 


these  two  men  will  never  unite  their  endeavors  to  promote  the 
corruption  and  inaptitude  of  their  remote  posterity.  The  am- 
bition and  the  ujana^uvres  of  the  one  will  serve,  on  the  con- 
trary, to  unmask  the  other.  The  vices  of  a  magistrate,  in  de- 
mocratic states,  are  usually  peculiar  to  his  own  person. 

But  under  aristocratic  governments  public  men  are  swayed 
by  the  interest  of  their  order,  which,  if  it  is  sometimes  con- 
founded with  the  interests  of  the  majority,  is  very  frequently 
distinct  from  them.  This  interest  is  the  common  and  lasting 
bond  which  unites  them  together  ;  it  induces  them  to  coalesce, 
and  to  combine  their  efforts  in  order  to  attain  an  end  which 
does  not  always  ensure  the  greatest  happiness  of  the  greatest 
number  ;  and  it  serves  not  only  to  connect  the  persons  in  au- 
thority, but  to  unite  them  to  a  considerable  portion  of  the 
community,  since  a  numerous  body  of  citizens  belongs  to  the 
aristocracy,  without  being  invested  with  official  functions. 
The  aristocratic  magistrate  is  therefore  constantly  supported  by 
a  portion  of  the  community,  as  well  as  by  the  Government  of 
which  he  is  a  member. 

'JMie  common  purpo~e  which  connects  the  interest  of  the 
magistrates  in  aristocracies,  with  that  of  a  portion  of  their  co- 
temporaries,  identifies  it  with  that  of  future  generations;  their 
inlluence  belongs  to  the  fiUure  as  much  as  to  the  present.  The 
aristocratic  magistrate  is  urged  at  the  same  time,  towards  the 
same  point,  by  the  passions  of  the  community,  by  his  own,  and 
I  may  almost  add  by  those  of  his  posterity.  Is  it,  then,  won- 
derful that  he  does  not  resist  such  repeated  impulses  ?  And 
indeed  aristocracies  are  often  carried  away  by  the  spirit  of  their 
order  without  being  corrupted  by  it :  and  they  unconsciously 
fashi ''  society  to  their  own  ends,  and  prepare  it  for  their  own 
desce.idants. 

The  English  aristocracy  is  perhaps  the  most  liberal  which 
ever  existed,  and  no  body  of  men  has  ever,  uninterruptedly, 
furnished  so  many  honorable  and  eidightcned  individuals  to 
the  government  of  a  country.  It  cannot,  however,  escape  ob- 
servation, that  in  the  legislation  of  England  the  good  of  the 
poor  has  been  sacrificed  to  the  advantage  of  the  rich,  and  the 
rights  of  the  majority  to  the  privileges  of  the  i'ew.  The  con- 
sequence is,  that  England,  at  the  present  day,  combines  the 
extremes  of  fortune  in  the  bosom  of  her  society  ;  and  her 
perils  ind  calamities  are  almost  equal  to  her  power  and  her 
renown, 
lu  the  United  States,  where  the  public  officers  have  no  in- 


''^  nnm 
*■  iny  MM 


i) ;. 


I'., 


'11 


ifi 


■ri 


M.  II  m 


i 


:j 


.f 


I 


222 


• 


I 


I 


l< 


^  I, 

10  f 

!!' 
■  '*. 

t',  ■ 

.♦  • 


I 


my 


tprcsts  to  promote  conncrted  with  tlirlr  castp,  tlic  ppticral  and 
constant  indiKMue  of  the  (lovcrnmenl  is  bcnrfh-ial,  alilioiigli  the 
^  individuals  who  (;onihict  it  arc  frernicnlly  unikiMlul  and  sonic- 
i  times  conHMiiplihlc.  [j'hero  is  indeed  a  secret  tendency  in  de- 
i  n)ocratic  institutions  to  render  the  exertions  of  the  citizens 
)  sid)servient  to  the  prosperity  of  the  community,  notwithstanding 
/  their  private  vices  and  mistakes  ;  whilst  in  aristocratic  institu- 
tions there  is  a  secret  propensity,  which,  notwithstanding;  the 
talents  and  the  virtue  of  tliose  who  conchict  the  trovernment, 
leads  them  to  contribute  to  the  evils  which  oppress  lljeir  feUow- 
creatures.^In  aristocratic  governments  pul)lic  men  may  fre- 
quently do  injiH'ics  which  they  do  not  intend  ;  and  in  democra- 
tic states  they  produce  advantages  vyhich  they  never  thought  of. 


PUBLIC    SPIRIT    IN    THE    UNITED    STATES. 

Patriotiaiii  of  instinct. — Patriotism  of  reflection. — Their  difl'crent  cliarnpteristic.i. 

—  Nations  oiiglit  to  strive  to  accjiiire  the  second  when  the  first  lias  (hsappeart.'d. 

—  Kll'orts  of  the  Aniericatis  to  acrcpiire  it. — liilcrusl  of  tlie  individual  intiuiutely 
connected  with  that  of  the  country. 

Theiiii:  is  one  sort  of  patriotic  attachment  which  principally 
arises  from  that  instinctive,  disinterested  and  undefinable  feel- 
ing which  connects  tlie  adociions  of  man  with  his  hirthplace. 
Tins  natural  f{MKlness  is  united  to  a  taste  for  ancient  customs, 
and  to  a  reverence  for  ancestral  traditions  of  the  j)ast ;  those 
who  cherish  it  love  their  country  as  they  love  the  mansion  of 
their  fathers.  They  enjoy  the  tranfjuillity  which  it  alfords  them  ; 
they  cling  to  the  peaceful  habits  which  they  have  contracted 
within  its  bosom  ;  they  are  attached  to  the  reminiscences  which 
it  awakens,  and  they  are  even  pleased  b\'  the  state  of  obedience 
in  which  they  arc  placed.  This  patriotism  is  sometimes  stimu- 
lated by  religious  enthusiasm,  and  then  it  is  capable  of  making 
the  most  prodigious  ellbrts.  It  is  in  itself  a  kind  of  religion  : 
it  does  not  reason,  but  it  acts  from  the  impulse  of  faith  and  of 
sentiment.  By  some  nations  the  monarch  has  been  regarded 
as  a  personification  of  the  country  ;  and  the  fervor  of  patriot- 
ism being  converted  into  the  fervor  of  loyalty,  they  took  a 
sympathetic  pride  in  his  con(piests,  and  gloried  in  his  power. 
At  one  time,  under  the  ancient  monarchy,  the  French  felt  a  sort 
of  satisfaction  in  the  sense  of  their  dependence  upon  the  arbi- 


il  and 
gli  ilie 
some- 
ill  <le- 
itizons 
ending 
I  nsli  tu- 
lips tlie 
nment, 
lellow- 
lay  fre- 
mocra- 
ught  of. 


(irteristiM. 
liippeiirt.'d. 
iiiliiuutely 


nnpally 
)lf>  ret'l- 
tliplace. 
usloms, 

;  those 
11  si  on  ot 
them ; 
ntracted 
cs  wiiich 

edience 
es  stimu- 
'  makin? 
elision  : 
)  and  of 
rcfjarded 

patriot- 

y  took  a 

^   power. 

"eit  a  sort 

the  arbi- 


trary pleasure  of  their  Uinij;,  and  they  were  wont  to  say  witli 
pride,  "  We  are  tlie  subjects  of  the  most  powerful  king  in  the 
world." 

But,  like  all  instinctive  passions,  this  kind  of  patriotism  is 
more  apt  to  prompt  transient  exertion,  than  to  sup])ly  the  mo- 
tives of  continuous  endeavor.  It  may  save  the  Slate  in  critical 
circumstances,  but  it  will  not  unfrcrjufutly  all*  w  the  nation  to 
decline  in  the  midst  of  j)eace.  \\'jiilst  tlie  manners  of  a  peo[)le 
are  simj)le,  and  its  faith  unshaken  ;  whilst  society  is  steadily 
based  upon  traditional  institutions,  whose  IcLiiimacy  has 
never  been  contested,  this  instinctive  patriotism  is  wont  to 
endure. 

P)Ut  there  ii  uuother  sjjccies  of  attachmeut  to  a  coimtry  which 
is  more  rational  than  the  one  we  have  been  descrihinu^.  It  is 
perhaps  less  generouii  and  less  urdeut,  but  it  is  more  fruitfid  and 
more  lasting' ;  it  is  coeval  witli  the  spreail  of  knowledge,  it  is 
nurtured  i  y  the  laws,  it  grous  by  (heexi-rcise  of  civil  rights,  and, 
in  the  end,  it  is  confoiuided  with  the  |)ers()iial  interest  of  the  citi- 
zen. A  man  comprehends  the  inlhienc(>  whii'h  the  prosperity  of 
his  country  has  upon  his  own  welfare  ;  he  is  aware  that  the  laws 
authorize  him  to  contribute  his  assistance  to  that  prosperity,  and 
he  labors  to  jiromote  it  as  a  j)ortion  of  his  interest  in  the  first 
place,  and  as  a  portion  of  his  riuht  in  the  second. 

Jiut  epochs  sometimes  occur,  in  tlu;  coiu'se  of  the  existence  of 
a  nation,  ui  which  the  ancient  customs  of  a  people  arc  changed, 
public  Hi. 'I  tilty  destroyed,  religious   belief  disturbed,    and   the 
spell  of  tradition  broken,  whilst  the  dilUision  of  knowledge  is 
vet  iniperli'ct,  and  the  civil  riulits  of   the    communitv  are  ill  se- 
cured,   or  » onfined    within   \ery   narrow  limits.     The   conntry 
then  assumes  a  dim  and  dubious  shape  in  the  eyes  of  the  citizens  ; 
they  no  longer  behold  it  in  the  soil  which  they   inhabit,  for   that 
soil  is  to  them  a  dull  inanimate  clod;  nor  in  the  usages  of  their 
forefathers,  w  hicli  they  have  been  tauuht  to  look  uj)on  as   a  de- 
basing yoke ;  nor  in   religion,  for  of  that  they  doubt ;  nor   in 
the  laws,  which  do  not  originate  in  tlu>ir  own  autborily  ;  nor  in 
the  legislator,  whom  they  (ear  and  (lesj)ise.     The  country  is  lost 
to  their  senses,  they  ean   neither  discover  it  under  its  own,  nor 
under  borrowed  features,  and  they  intrench  themselves  \vithin  the 
dull  precincts  of  a  narrow  egotism.     'J' hey  are  emancipated  from 
prejudice,  without  having  acknowledged  the  empire  of  reason; 
tliev  are  neither  animated  by  the  instinctive  patriotism  of  mon- 
archical subjects,  nor  by  the  thinking  patriotism  of  republican 
citizens  ;  but  they  have  stopped  half-way  between  the  two,  in  the 
midst  of  confubion  and  of  distress. 


Ill'  ui 


w. 


an  M 

'1 


¥  * 


v. 


I 


nu 


amitCiiM* 


M.  11 IM 

'Mir 


't 


:;!^l« 


I 

I 
i 


J' 5 


224 


■     ♦-»!  I 
If  ,<Cf|  |i 

I'  * ' 
t.  .1 

* 


f 


In  tliis  predicament,  to  retreat  is  impossible  ;  for  a  people  can- 
not restore  the  vi^  acity  of  its  earlier  times,  any  more  than  a  man 
can  return  to  the  innocon'^e  and  the  bloom  of  childhood  :  such 
thing's  may  be  rec:retted,  but  they  cannoi  be  renewed.  The  only 
thing",  then,  which  remains  to  be  done  is  to  proceed,  and  to  ac- 
celerate the  union  of  private  with  public  interests,  since  the  period 
of  disinterested  patriotism  is  f^one  by  for  ever. 

I  am  certainly  very  far  from  averrinu;,  that,  in  order  to  obtain 
this  result,  the  exercise  of  political  rights  should  be  immediately 
granted  to  all  the  members  of  the  community.  But  1  maintain  that 
the  most  powerful,  and  perhaps  the  only  means  of  interesting  men 
in  the  welfare  of  their  country,  which  we  still  possess,  is  to  make 
them  partakers  in  the  (jovormnent.  At  the  present  time  civic 
zeal  seems  to  me  to  be  it, separable  from  the  exercise  of  j)olitical 
rights ;  and  I  hold  that  the  number  of  citizens  w  ill  be  found  to 
augment  or  to  decrease  in  Europe  in  proportion  as  those  rights 
are  extended. 

In  the  United  ti^tates,  the  inhabitants  were  thrown  but  as  yes- 
terday upon  the  soil  which  they  now  occupy,  and  they  brought 
ncidier  customs  nor  tradiiions  witn  them  there  ;  they  meet  each 
other  for  the  first  time  with  no  previous  acquaintance  ;  in  short, 
the  instinctive  love  of  their  country. can  scarcely  exist  in  their 
minds;  but  every  t*ne  takes  as  zealous  <^n  interest  in  the  aii'airs 
of  his  township,  his  county,  and  of  the  whole  8tate»  as  if_they 
were  his  own,  because  every  one,  in  his  sphere,  takes  an  active 
part  in  the  government  of  .society. 

The  lower  orders  in  the  United  States  are  alive  to  the  percep- 
tio)i  of  the  inthience  exercised  by  the  general  prosperity  upon 
their  own  weliare  ;  and  simple  as  this  observation  is,  it  is  one 
which  is  but  too  ra :*ely  made  by  the  people,  lint  in  America 
the  people  regards  this  prosperity  as  the  result  of  its  own  exer- 
tionf ;  the  citizen  looks  upon  the  fortune  of  tlie  public  as  his  pri- 
vate interest,  and  he  co-operates  in  its  success,  not  so  much  from 
a  sense  of  pride  or  of  duty,  as  from,  what  1  shall  venture  to  term, 
cupidity/ 

It  is  unnecessary  to  study  the  institutions  and  the  history  of  the 
Americans  in  order  to  discover  the  truth  of  tliis  remark,  for 
their  mantiers  rend;,r  it  sufficiently  evident.  As  the  American 
participates  in  all  that  is  done  in  his  country,  he  thinks  himself 
obliged  to  defend  whatever  may  be  censured  ;  for  it  is  not  only 
his  country  which  is  attacked  upon  these  occasions,  but  it  is 
himself.  '.Che  consequence  is,  tbat  his  national  pride  resorts  to 
a  thousand  artifices,  and  to  all  the  petty  tricks  of  individual 
vanity. 


225 


le  can- 

arnan 

:  such 
lie  only 
I  to  ac- 

pcriod 

I  obtain 
nVuitely 
ain  that 
ng  men 
;o  make 
le  civic 
political 
bund  to 
;e  rights 

t  as  yes- 
brought 
leet  each 
in  short, 

in  their 
e  utTairs 

ii*_tliey 
m  aclive 

pcrcep- 

ty  upon 

it  is  one 

America 

wn  exer- 

his  pri- 
uch  from 

to  term, 

ry  of  the 
ark,  for 
American 
5  himself 
not  only 
but  it  is 
resorts  to 
dividual 


Nothing  is  more  embarrassing  in  the  ordinary  intercourse  of 
life,  than  this  irritable  patriotism  of  the  Americans,  A  stranger 
may  be  well  inclined  to  praise  many  of  the  institutions  of  their 
country,  but  he  begs  permission  to  blame  some  of  the  peculiari- 
ties which  he  observes,  —  a  permission  which  is  however  inex- 
orably refused.  America  is  therefore  a  free  country,  in  which, 
lest  anybody  should  be  hurt  by  your  remarks,  you  are  not  al- 
lowed to  speak  freely  of  privr  te  individuals  or  of  the  State  ; 
of  the  citizens  or  of  the  authorities ;  of  public  or  of  private 
undertakings,  or,  in  short,  of  anything  at  all,  except  it  be  of 
the  climate  and  the  soil ;  and  even  then  Americans  will  be 
found  ready  to  defend  either  the  one  or  the  other  as  if  they  had 
been  contrived  by  the  inhahitants  of  the  country. 

In  our  times,  option  must  be  made  between  the  patriotism  of 
all   and   the    government  of  a  t'aw  ;  for  the   force  and  activity 
which  the  first  confers,  are  irreconcileable  w.th  the  guarantees 
of  tranquillity  which  the  second  furnishes. 


NOTION  OF  RIGHTS  IN  THE  UNITED  STATES. 

No  gietit  peopio  without  n  notion  o*"  riglita. — How  thn  notion  of  rights  can  bo 
givHii  to  u  people. — Kesi)cct  of  rigiits  iu  the  United  States. — Whence  it  arises. 

After  the  idea  of  virtue,  I  am  acquainted  with  no  higher  prin- 
ciple than  that  of  right ;  or  to  speak  more  accurately,  these 
two  ideas  are  commingled  in  one.  The  idea  oi'  right  is  simply 
that  of  virtue  introduced  into  the  political  world.  It  is  the  idea 
of  right  which  enabled  men  to  define  anarchy  and  tyranny ; 
and  which  taught  them  to  remain  Independent  without  arro- 
gance, as  well  as  to  obey  without  strvility.  The  man  who 
submits  to  violence  is  debased  by  his  compliance;  but  when  he 
obeys  the  mandate  of  one  who  possesses  that  right  of  authority 
which  he  acknowledges  in  a  fellow-creature,  he  rises  in  some 
measure  above  the  person  who  delivers  the  command.  There 
are  no  great  men  without  virtue,  and  there  are  no  great  na- 
tions,—  it  mav  almost  be  added  that  there  would  be  no  so- 
ciety,  —  without  the  notion  of  rights ;  for  what  is  the  condition 
of  a  mass  of  rational  and  intelligent  beings  who  are  only  united 
together  by  the  ')ond  of  force  f 

1  am  persuaded  that  the  only  means  which  we  possess  at  the 
29 


111' U  Ml 


IM. 


i*j 


M.  11  lilt 


'i 


226 


la 


If  ,iei  I 

m  I 

111**' 

•>j 

f  * 
•    ♦>  - 
I'  .♦  • 

I- 


t 


m  t 


present  time  of  inculcating  the  notion  of  rights,  and  of  render- 
ing it,  as  it  were,  palpable  to  the  senses,  is  to  invest  all  the 
members  of  tiie  community  with  the  peaceful  exercise  of  cer- 
tain rights :  this  is  very  clearly  seen  in  diildren,  who  are  men 
without  the  strength  and  the  experience  of  manhood.  When 
a  child  begins  to  move  in  the  midst  of  th*.  objects  which  sur- 
round him,  he  is  instinctively  led  to  turn  everything  which  he 
can  lay  his  hands  upon  to  his  own  })urpose  ;  he  has  no  notion  of 
the  property  of  others  ;  but  as  he  gradually  learns  the  value  of 
things,  and  begins  to  perceive  that  he  may  in  his  turn  be  de- 
prived of  his  possessions,  he  becomes  more  circumspect,  and 
lie  observes  those  rights  in  others  which  he  wishes  to  have  re- 
spected in  himself.  The  principle  which  the  child  derives  from 
the  possession  of  his  toys,  is  taught  to  the  man  by  the  objects 
which  he  may  call  his  own.  In  America  those  complaints 
against  property  in  general,  which  are  so  frequent  in  Europe, 
are  never  heard,  because  iii  America  there  are  no  paupers  ;  and 
as  every  one  has  property  of  his  own  to  defend,  every  one  re- 
cognizes the  principle  upon  which  he  holds  it. 

The  same  thing  occurs  in  the  political  world.  In  America 
the  lowest  classes  have  conceived  a  very  high  notion  of  pcditi- 
cal  rights,  because  they  exercise  those  rights  ;  and  they  refrain 
from  attacking  fhose  of  other  people,  in  order  to  ensure  their 
own  from  attack.  Whilst  in  Europe  the  rarne  classes  sometimes 
recalcitrate  even  against  the  supreme  power,  the  American 
submits  withouta  murmur  to  the  authority  of  the  pettiest  magis- 
trate. 

This  truth  is  exemplified  by  the  most  trivial  details  of  na- 
tional peculiarities.  In  France  very  few  pleasures  are  exclu- 
sively reserved  for  the  higher  clgsses  ;  the  poor  are  admitted 
wherever  the  rich  are  received  :  and  they  consequently  behave 
with  propriety,  and  respect  whatever  contributes  to  the  enjoy- 
ments in  which  they  themselves  participate.  In  England,  wliere 
wealth  has  a  monopoly  of  amusement  as  well  as  of  power,  com- 
plaints are  made  that  whenever  the  poor  happen  to  steal  into 
the  inclosures  which  are  reserved  for  the  pleasures  of  the  rich, 
they  commit  acts  of  wanton  mischief:  can  this  be  wondered  at, 
since  care  has  been  taken  that  they  should  have  nothing  io 
lose  .'' 

The  government  of  the  democracy  brings  the  notion  of  po- 
litical rights  to  the  level  of  the  humblest  citizens,  just  as  the 
dissemination  of  wealth  brings  the  notion  of  property  within 
the  reach  of  all  the  members  of  the  commuuity  ;  and  1  confess 


I" 

HI 


227 


I       ! 


that,  to  my  mind,  this  is  one  of  its  greatest  advantages.  I  do 
not  assert  that  it  is  easy  to  leach  men  to  exercise  political 
rights ;  but  I  maintain  that  when  it  is  possible,  the  effects  which 
result  from  it  are  hiii;hly  important :  and  I  add  that  if  there 
ever  was  a  time  at  which  such  an  attempt  ought  to  be  made, 
that  time  is  our  own.  It  is  clear  that  the  influence  of  religious 
belief  is  shaken,  and  that  the  notion  of  divine  rights  is  declin- 
ing ;  it  is  evident  that  public  morality  is  vitiated,  and  the  ».  :tion 
of  n)oral  rights  is  also  disappearing  :  these  are  general  symp- 
toms of  the  substitution  of  argument  for  faith,  and  of  calcula- 
tion for  the  impulses  of  sentiment.  If,  in  the  midst  of  this 
general  disruption,  you  do  not  succeed  in  connecting  the  no- 
tion of  rights  wit!i  that  of  personal  interest,  which  is  the  only 
immutable  point  in  the  human  heart,  what  means  will  you  have 
of  governing  the  world  except  by  fear  ?  When  I  am  told  that 
since  the  laws  are  weak  and  the  populace  is  wild,  since  passions 
are  excited  and  the  authority  of  virtue  is  paralyzed,  no  meas- 
ures must  be  taken  to  increase  the  rights  of  the  democracy  ;  I 
rejily,  that  it  is  i')r  these  very  reasons  that  some  measures  of  the 
kind  must  be  taken  ;  and  I  am  persuaded  that  governments  are 
still  more  interested  in  taking  them  than  society  at  large,  be- 
cause governments  are  liable  to  be  destroyed,  and  society  can- 
not perish. 

I  am  not,  however,  inclined  to  exaggerate  the  example  which 
America  fin-nishes.  In  those  States  the  people  was  invested 
with  political  rights  at  a  time  when  they  could  scarcely  be  abused, 
for  the  liti/ens  were  few  in  number  and  simple  in  their  manners. 
As  they  have  increased,  the  Americans  have  not  augmented  the 
power  of  the  deniocracy,  i)ut  they  have,  if  I  may  use  the  expres- 
sion, extended  its  dominions. 

It  cannot  be  doubted  that  the  ni<mient  at  which  political  rights 
are  granted  to  a  people  that  had  before  been  without  them,  is  a 
vers  critical,  thutigh  it  be  a  very  necessary  one.  A  child  may 
kill  before  he  is  aware  of  the  >  alue  of  lift' ;  and  he  may  deprive 
aiu)ther  person  of  his  jiroperty  before  he  is  aware  that  his  own 
may  be  taktii  away  from  hinu  The  lower  orders,  when  first 
tliev  are  invested  with  political  riuchts,  stand  in  relation  to  th  se 
rights,  in  the  stuue  position  as  the  child  does  to  the  whole  of  nature, 
and  the  celebrated  adage  may  tiien  be  applied  to  them.  Homo, 
pncr  rnbusfns.  This  truth  may  even  be  |)erceived  in  America. 
The  States  in  which  the  citizens  have  enjoyed  their  rights  longest 
are  those  in  which  they  make  the  best  use  of  them. 

It  cannot  be  repeated  too  often  that  nothing  is  more  fertile  in 


111-  Ui 
A«v  Ml 


•>., 


*% 


% 


«li*t:MM 


M.  II  IJ« 

.  1 


,1-  J  I. 


— ^^ 


223 

prodigies  than  the  nrt  of  beiiif^  free ;  but  there  is  nothin  p;  more 
arduous  than  tlie  apprenticesliijD  of  liberty.  t?ui?li  is  not  tiie  case 
with  despotic  institutions  ;  despotism  often  promises  to  make 
amends  lor  a  thousand  previous  ills  ;  it  supjiorts  the  rii>:ht,  it 
protects  tiie  oppressed,  and  it  maintains  public  order.  The  na- 
tion is  lulled  by  the  temporary  prosperity  which  accrues  to  it, 
until  it  is  roused  to  a  sense  of  its  own  misery.  Liberty,  on  the 
contrary,  is  t;enerally  established  in  the  midst  of  ap;itation,  it  is 
perfected  by  civil  discord,  and  its  beneiits  cannot  be  appreciated 
until  it  is  already  old. 


if* 


|[  M%  ft 


|l 


4ft|  t 


II  .#11' 

I  .♦  ' 


t 


;v 


mtii 


KESPECT    FOR    THE    LAW    IN    THE    UNITED    STATES. 

Respect  of  the  AinniicaHs  for  tlie  law. — Parental  afl'ection  wliirh  they  entertain 
for  it. — Personal  interest  of  every  one  to  increase  the  authority  of  tiie  law. 

>  It  is  m  ^  always  feasible  to  consult  the  whole  people,  either  di- 
<!,•'        I  rectly  or  indirectly,  in  the  formation  of  the  law ;  but  it  cainiot 
(if       ;  be  denied   that  wlien  such  a  measure  is  possible,  the  authority 
i  of  the   law   is  very  much  :  ugmented.     Th".  popular  origin, 
'  which    impairs  the   excellence  and    the  wisdom   of  legislation, 
contributes   prodiiiiously  to  increase   its  power.     'IMiere  is  an 
amu/ing'   strength  in  the   expression  of  the  determination  of  a 
whole   people :  and   when  it  declares  itself,  the  imagination  of 
those  who  are   most  inclined   to  contest  it,  is  overawed  by  its 
authority.     The  truth  of  this  fact  is  very  well  known  by  par- 
ties ;  and  they  consecpiently  strive  to  make  out  a  majority  w  licn- 
ever  they  can.     Jf  they  have  not  the  greater  numbers  of  voters 
on  their  side,  they  assert  that  the  true  majority  abstained  from 
voting  ;   and  if  they  are  foiled  even  there,  they  have  recourse  to 
the  body  of  those  persons  who  had  no  votes  to  give. 

In  the  United  States,  except  slaves,  servants,  and  paupers  in 
the  receipt  of  relief  from  the  townships,  there  is  no  class  of 
j)ersons  who  do  not  exercise  the  elective  franchise,  and  w  ho  do 
not  indirectly  contribute  to  make  the  laws.  Those  who  design 
to  attack  the  laws  must  consequently  either  modify  the  opinion 
of  the  nation  or  tramj)le  upon  its  decision. 

A  second  reason,  which  is  still  more  weighty,  may  be  further 
adduced  :  in  the  United  States  every  one  is  personally  interested 
in  enforcing  the  obedience  of  the  whole  community  to  the  law: 


229 


'     t 


for  as  the  minority  may  shortly  rally  the  majority  to  its  prin- 
ci|)les,  it  is  interested  in  professing  that  respect  for  the  decrees 
of  the  legislator,  which  it  may  soon  have  occasion  to  claim  for 
its  own.  However  irksome  an  enactment  may  be,  the  citizen 
of  the  United  States  complies  with  it,  not  only  because  it  is  the 
work  of  the  majority,  but  because  it  originates  in  his  own  au- 
thority ;  and  he  regards  it  as  a  contract  to  which  he  is  himself 
a  party. 

In  the  United  Slates,  then,  that  numerous  and  turbulent  mul- 
titude does  not  exist,  which  always  looks  upon  the  law  as  its 
natural  enemy,  and  accordingly  surveys  it  with  fear  and  with 
distrust.  It  is  impossible,  on  the  other  hand,  not  to  perceive 
that  all  classes  display  the  utmost  reliance  upon  the  legislation 
of  their  country,  and  that  they  are  attached  to  it  by  a  kind  of 
parental  affection. 

I  am  wrong,  however,  in  saying  all  classes ;  for  as  in  Ame- 
rica the  European  scale  of  authority  is  inverted,  the  wealthy 
are  tliere  placed  in  a  position  analogous  to  that  of  the  poor  in 
the  Old  World,  and  it  is  the  opulent  classes  which  frequently 
look  upon  the  law  with  suspicion.     I  have  already  observed 
that  the  advantage  of  democracy  is  not,  as  has  been  sometimes 
asserted,  that  it  protects  the  interests  of  the  whole  community, 
but  simply  that  it  protects  those  of  the  majority.     In  the  United 
Stales,  where  the  poor  rule,  the  rich  have  always  some   reason 
to  dread  the   abuses  of  their  power.     This  natural   anxiety  of 
the  rich  rnay  produce  a  sullen  dissatisfaction,  but  society  is  not 
disturbed  by  it;  for,  the  same  reason  which  induces  the  rich  to 
withhold   their  confidence   in  the  legislative  authority,  makes 
them  obey  its    n)aiulates :  their   wealili,  which  prevents   ihem 
from    making   the   law,  prevents  them   from  withstanding   it. 
Amongst  civilized  nations  revolts  are  rarely  excited  except  by 
such  persons  as  have  nothing  to  lose  by  them;  and  if  the  laws 
of  a  detnocracy  are  not  always  worthy  of  respect,  at  least  they 
always  obtain  it :  for  those  w  ho  usually  infringe  the  laws  have 
no  excuse  for  not   complying  with   the  enactments   ihey  have 
themselves  made,  and  by  which  they  are  themselves  benefited, 
whilst  the  citizens  whose  interests  might  be  promoted  by  the  in- 
fraction of  them,    arc   induced,  by  their   charncter  and   their 
station,  to  submit  to  the  decisions  of  the  legislature,  whatever 
they  may  be.     Besides  which,  the  |)eoplein  America  obeys  the 
law  not   only  because   it  emanates   from   the  popular  author- 
ity, but   because    that   authority  may  modify  it  in    any  points 
which  may  prove  vexatory  ;  a  law  is  observed  because  it  is  a 


•l 


Wi"  HI 

iwr  Ml 

''     'J 


»«, 


,1 


'k'l 


^•tmm 


"•»*.  HUM 


H 


230 


ill 


self-imposed  evil  in  the  first  place,  and  an  evil  of  transient  du- 
ration in  the  second. 


ACTIVITY  WHICH  PERVADES  ALL  THE  BRANCHES  OF  THE 
BODV  POLITIC  IN  THE  UNITED  STATES  J  INFLUENCE  WHICH 
IT  EXERCISES    UPON  SOCIETY. 


I 


!>•• 


4KI  » 


t  ■*, 

I'  .♦  ' 

I 


I 


^  i 


More  difllcnlt  to  conceive  tlie  politiciil  nticvitv  wliicli  jiervndes  the  United  Stafps, 
than  tlie  fVeedoin  and  eqiiiiliiy  which  roign  there. — Tlie  jjreat  activily  v\  hich 
pc'ipotiniiiy  affitatc;  the  li'frisiiitivc  bodies  is  only  an  episode  to  the;  general  ac- 
tivity.—  Didicni;  an  American  to  confine  liimselt'to  his  own  bnsiness.— Fo- 
lilieal  njriiation  •  iMul.s  to  all  social  intercourse.— Commercial  activity  of  the 
Americans  [jartl,  atlrihiilahie  to  tliis  cause. — Indirect  advantages  which  society 
derives  Ironj  a  deniocratic  govenniient. 

On  pnssing  from  a  country  in  which  free  institutions  are  estab- 
lished to  one  whore  thoy  do  not  exist,  the  traveller  is  struck  by 
the  chantrc  ;  in  the  former  all  is  bustle  and  activity,  in  the  latter 
evervthiiiii:  is  calm  and  motionless.  In  the  one,  amelioration 
and  projiTcss  are  the  jj!;eneral  to|)ics  of  inquiry  ;  in  the  other,  it 
seems  as  if  the  community  only  aspired  to  repose  in  tlie  enjoy- 
ment of  the  advantages  which  it  has  acquired.  Nevertheless, 
the  country  which  exerts  itself  so  strenuously  to  promote  its  wel- 
fare is  generally  more  wealthy  and  more  prosperous  ti'an  that 
which  a))penrs  to  be  so  contented  with  its  lot ;  and  when  we 
comj)nre  theiu  toii'ether,  we  can  scarcely  conceive  how  so  many 
new  wants  are  daily  felt  in  the  former,  wiiilst  so  few  seem  to 
occur  in  the  latter. 

It^  this  remark  is  apjilicable  to  those  free  coinitries  in  which 
monarchical  and  aristocratic  institutions  subsist,  it  is  still  more 
strikini.r  with  re!.iard  to  democratic  re))ublics.  in  the^e  States  it 
is  not  only  a  portion  of  the  |)eople  which  is  busied  with  the  ame- 
lioration of  its  social  condition,  but  the  whole  connnunitv  is  en- 
graii^ed  in  the  task  ;  and  it  is  not  the  exiii^encies  and  the  conve- 
nience of  a  siuicle  class  for  which  a  provision  is  to  be  made,  but 
the  exig-encies  and  :he  convenience  of  all  ranks  of  life. 

It  is  not  im])ossible  to  conceive  the  sin*|)assinu;  liberty  which 
the  Americans  enjoy  ;  some  idea  may  likewise  be  formed  of  the 
extreme  e(|u;dity  which  subsists  amonc'st  them,  but  the  political 
activity  which  pervades  the  1,'iiited  i^tates  must  be  seen  in  order 
to  be  understood.  JVo  suoner  do  you  set  foot  upon  the  Ameri- 
can soil  than  you  are  stunned  by  a  kind  of  tumult ;  a  confused 


231 

clamor  is  heard  on  every  side  ;  and  a  tliousand  siinultaneous 
voices  demand  tlie  immediate  satisfaction  of  tlieir  social  wants. 
Everythinu;  is  in  motion  around  you  ;  here,  the  people  of  one 
quarter  of  a  town  are  met  to  decide  upon  the  building  of  a 
church  ;  there,  the  election  of  a  representative  is  going  on  ;  a 
little  further,  the  delegates  of  a  district  are  posting  to  the  town 
in  order  to  consult  upon  some  local  improvements ;  or  in  ano- 
ther place  the  laborers  of  a  village  quit  their  ploughs  to  delibe- 
rate upon  the  itroject  of  a  road  or  a  public  school.  JNIeetings 
are  called  for  the  sole  purpose  of  declaring  their  disappro])ation 
of  the  line  of  conduct  pursued  by  the  Government;  whilst  in 
other  assemblies  the  citizens  salute  the  authorities  of  the  day  as 
the  fathers  of  their  country.  Societies  are  formed  which  regard 
drunkenness  as  the  principal  cause  of  the  evils  under  which  the 
l^tnte  labors,  and  which  solemnly  bind  themselves  to  give  a  con- 
stant example  of  temj)erance.* 

The  great  political  agitation  of  the  American  legislative  bo- 
dies, which  is  the  only  kind  of  excitement  that  attracts  the  atten- 
tion of  foreign  countries,  is  a  mere  episode  or  a  sort  of  continna- 
tion  of  tliat  universal  movement  which  originates  in  the  lowest 
classes  of  the  jjcople  and  extends  successively  to  all  the  ranks  of 
society.  Jt  is  impossible  to  spend  more  ellorts  in  the  pursuit  of 
enJo''nent. 

The  cares  of  political  life  engross  a  most  prominent  place  in 
the  occupation  of  a  citizen  in  the  C  nitcd  States ;  and  almost  the 
ordy  pleasure  of  which   an  American  has  any  idea,  is  to  take  a 
part  in  the  Government,  and  to  discuss  the   part  he  has  taken. 
This  feeling  pervades  the  most  trifling  habits  of  life  ;  even  the 
women  frecpiently  attend  public  meetings,  and  listen  to  political 
harangues  as  a  recreation  after  their  household  labors.     Debat- 
ing clubs  are  to  a  certain  extent  a  substitute  for  theatrical  enter- 
tainments :  an  American  cannot  converse,  but  he   can  discuss  ; 
and   when  he   attem|)ts  to  talk  he  tails  into  a  dissertation.     He 
sj)caks  to  you   as  if  he  was  addressing  a  meeting  ;  and  if  he 
should  warm  in  the  course  of  the  discussion,  he  will  infallibly  say 
'  Gentlemen,'  to  the  person  with  whom  he  is  conversing. 

In  some  countries  the  inhabitants  display  a  certam  repugnance 
to  avail  themselves  of  the  political  privileges  with  which  the  law 
invests  them  ;  it  would  seem  that  they  set  too  high  a  value  upon 
tlieir  time  to  spend  it  on  the  interests  of  the  community ;  and 

*  At  the  time  of  my  stay  in  the  United  States  the  Temperance  Societies  al- 
rearly  consisted  of  more  than  270,000  members ;  and  tlieir  ert'ect  liad  been  to  di- 
minish the  consumption  of  fermented  liquors  by  500,000  gallons  per  annum  in 
the  State  of  Pennsylvania  alone. 


',  i 


'V      1 


»1'  II  in 


If, 


]9 


.i'M 

.  'i 
■.  -"ii 


!     I 


233 


♦•»  »; 

(  ,«!1|  H 

,  mm 

t\  ' 

.♦  ' 

.1'  . 
i 


they  prefer  to  withdraw  within  the  exact  limits  of  a  wholesome 
eyotism,  marked  out  by  four  sunkfences  and  a  quickset  hedjj^e. 
I  But  If  an  American  were  condemned  to  confine  his  activity  to 
his  own  aflairs,  he  would  be  robbed  of  one  half  of  his  existence ; 
he  would  feel  an  immense  void  in  the  life  which  he  is  accustomed 
to  lead,  and  his  wretchedness  would  be  unbearable.*  I  am 
jiersuaded  that  if  ever  a  despotic  government  is  established  in 
America,  it  will  find  it  more  difticult  to  surmount  the  habits  which 
free  institutions  have  engendered,  than  to  conquer  the  attachment 
of  the  citizens  to  freedom. 

This  ceaseless  agitation  which  democratic  government  has  in- 
troduced into  the  political  world,  influences  all  social  intercourse. 
I  am  not  sure  that  upon  the  whole  this  is  not  the  greatest  advan- 
tage of  democracy  ;  and  I  am  much  less  inclined  to  applaud  it 
for  what  it  does,  than  for  what  it  causes  to  be  done. 

It  is  incontestable  thiit  the  peoj)le  frequentlv  conducts  public 
business  very  ill ;  but  it  is  Impossible  that  the  lower  orders  should 
take  a  part  in  ]niblic  business  without  extending  the   circle  of 
their  ideas,  and  without   quitting  the   ordinary  routine  of  their 
mental  acquirements.     The  humblest  individual  who  is  called 
upon  to  co-operate  in  the  government  of  society,  acquires  a  cer- 
tain degree  of  self-respect ;  and  as  he  possesses  authority,  he 
can  command  the  services  of  minds  much  more  enlightened  than 
his  own.     He  is  canvassed  by  a  multitude   of  applicants,  who 
seek  to  deceive  him  in  a  thousand  dKferent  ways,  but  who  in- 
struct him  by  their  deceit.     lie  takes  a  part  In  political  under- 
takings which  did  not  originate  in  his  own  concejjtion,  but  which 
give  him  a  taste  for  undertakings  of  the   kind.     ]\ew  ameliora- 
tions are   daily  pointed  out  in  the  properly  which  he  holds  in 
common  with  others,  and  this  gives  him  the  desire  of  improving 
that  property  which  is  more  peculiarly  his  own.     He  Is  perhaps 
neither  happier  nor  better  than  those  who  came  before  him,  but 
he  is  better  Informed  and  more   active.     I  have  no  doubt  that 
the  democratic  Institutions  of  the  United  States,  joined  to  the  phy- 
sical constitution  of  the  country,  are  the  cause  (not  the  direct, 
as  is  so  often  asserted,  but  the  Indirect  cause,)  of  the  prodigious 
commercial  activity  of  the  Inhabitants.     It  Is  not  engendered  by 
the  laws,  but  the  people  learns  how  to  promote  it  by  the  expe- 
rience derived  from  legislation. 


*  The  same  remark  was  made  at  Rome  under  tlie  first  Cmsars.  Montesquieu 
Bomewliere  alludes  to  the  excessive  despondency  ol'certain  Roman  citizens  who, 
after  the  excitement  of  political  life,  were  all  at  once  iluug  back  into  the  stagna- 
tion of  private  hfe. 


233 


I     I 


olesome 
hod  go. 
tivity  to 
:lstenco ; 
ustomed 
'  I  am 
ishod  in 
its  which 
achment 

it  lias  in- 
jrcoursc. 
(t  advan- 
pplaud  it 

;ts  pul)lio 
rs  sliould 
cirolo  of 
of  thoir 
is  called 
res  a  cor- 
lority,  ho 
f'ucd  than 
ints,  who 
t  who  in- 
al  undor- 
)Ut  whicii 
anioliora- 
holds  ill 
iiprovinuj 
s  perhaps 
him,  l)ut 
oubt  that 
» the  phy- 
le  dirott, 
odiifious 
dercd  by 
10  expo- 


onteaquieu 
tizens  who, 
the  stagua- 


When  the  opponents  of  democracy  assert  that  a  single  indi- 
vidual performs  the  duties  which  he  undertakes,  much  better 
than  the  government  of  the  community,  it  appears  to  me  that 
they  are  perfectly  rij^ht.  The  government  of  an  individual, 
supposing  an  equality  of  instruction  on  either  side,  is  more 
consistent,  more  persevering,  and  more  accurate  than  that  of  a 
multitude,  and  it  is  much  belter  qualified  judiciously  to  discrimi- 
nate the  characlors  of  the  men  it  employs.  If  any  deny  what 
I  advance,  they  have  certainly  never  seen  a  democratic  govern- 
ment, or  have  formed  thoir  o|)inion  upon  very  partial  evidence. 
It  is  true  that  even  when  local  circumstances  and  the  disposition 
of  the  people  allow  democratic  institutions  to  subsist,  tliey  never 
display  a  regular  and  methodical  system  of  governiiient.  Demo- 
cratic liberty  is  far  from  accomplishing  all  the  projects  it  under- 
takes, with  the  skill  of  an  adroit  despotism.  It  freqiienily  aban- 
dons them  before  they  have  borne  their  fruits,  or  risks  them 
when  the  consetpiences  may  prove  dangerous ;  but  in  the  end 
it  produces  more  than  any  absolute  government,  and  if  it  do 
fewer  tilings  well,  it  does  a  great  number  of  things.  Under  its 
sway,  the  transactions  of  the  public  administration  arc  not 
nearly  so  important  as  what  is  done  by  private  exertion.  Demo- 
cracy does  not  confer  the  most  skillful  kind  of  government  uj)oa 
the  people,  but  it  produces  that  which  the  most  skillful  govern- 
ments are  frequently  unable  to  awaken,  namely,  an  all-pervad- 
ing and  restless  activity,  a  superabundant  force,  and  an  energy 
whicli  is  inseparable  from  it,  and  which  may,  under  favorable 
circumstances,  beget  the  most  amazing  benelits.  These  are  the 
true  advantages  of  democracy. 

In  the  present  age,  when  the  destinies  of  Christendom  seem 
to  be  in  suspense,  some  hasten  to  assail  democracy  as  its  foe 
whilst  it  is  yet  in  its  early  growth  ;  and  others  are  ready  with 
their  vows  of  adoration  for  this  new  deity  which  is  s[)ringing 
forth  from  chaos  :  but  both  parties  are  very  imperfectly  ac- 
quainted with  the  object  of  thoir  hatred  or  of  their  desires; 
they  strike  in  the  dark,  and  distribute  their  blows  by  mere 
chance. 

We  must  first  understand  what  the  purport  of  society  and 
the  aim  of  government  is  held  to  be.  If  it  be  your  intention 
to  confer  a  certain  elevation  upon  the  human  mind,  and  to  teach 
it  to  regard  the  things  of  this  world  with  generous  feelings ;  to 
inspire  men  with  a  scorn  of  mere  temporal  advantage  ;  to  give 
birth  to  living  convictions,  and  to  keep  alive  the  spirit  of  hon- 
orable devotedness ;  if  you  hold  it  to  be  a  good  thing  to  refine 
30 


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♦ 


the  habits,  to  embellish  the  manners,  to  cultivate  liie  arts  of  a 
nation,  and  lo  promote  the  love  of  poetry,  of  beauty,  and  of 
renown  ;  i'  you  would  constitute  a  people  not  unfitted  to  act 
with  power  upon  all  other  nations ;  nor  unprepared  for  those 
high  cnterprizes  which,  whatever  be  the  residt  of  its  eflbrts,  will 
leave  a  nanie  for  ever  famous  in  time, — if  you  believe  such  to 
be  the  princi[)al  object  of  society,  you  must  avoid  the  govern- 
ment of  democracy,  which  would  be  a  very  uncertain  guide  to 
the  end  you  have  in  view. 

liut  if  you  hold  it  to  be  expedient  to  divert  the  moral  and 
intellectual  activity  of  mati  to  the  production  of  comfort,  and 
to  the  acquirement  of  the  necessaries  of  life  ;  if  a  clear  under- 
standing be  more  profitable  lo  men  than  genius ;  if  your  object 
be  not  to  stimulate  the  virtues  of  heroism,  but  to  create  habits 
of  peace  ;  if  you  had  rather  witness  vices  than  crimes,  and  are 
content  to  meet  with  fewer  noble  deeds,  provided  od'ences  be 
diminished  in  the  same  proportion;  if,  instead  of  living  in  the 
midst  of  a  brilliant  state  of  society,  you  are  contented  to  have 
prosperity  around  you  ;  if,  in  short,  you  are  of  opinion  that  the 
principal  object  of  a  (Jovcrnment  is  not  to  confer  the  greatest 
possible  share  of  power  and  of  glory  upon  ■  body  of  the  na- 
tion, but  to  ensure  the  greatest  degree  of  enjoyment,  and  the 
least  degree  of  misery  to  each  of  the  individuals  who  compose 
it,  —  if  such  be  your  desires,  you  can  have  no  surer  means  of 
satisfying  them,  than  by  equalizing  the  conditions  of  men,  and 
establishi'ig democratic  institutions. 

But  if  the  time  be  past  at  which  such  a  choice  was  possible, 
and  if  some  superhuman  power  impel  us  towards  one  or  the 
other  of  these  two  governments  without  consulting  our  wishes, 
let  us  at  least  endeavor  to  make  the  best  of  that  which  is  allot- 
ted to  us ;  and  let  us  so  inquire  into  its  good  and  its  evil  propen- 
sities as  to  be  able  to  foster  the  former,  and  repress  the  latter  to 
the  utmost. 


4mi  t, 


SS5 


CHAPTER  XV. 


UNLIMITED  POWER  OF  THE  MAJORITV  IM  THE  UNITED  STATES, 

AND  ITS  CONSEQUENCES. 

Natural  strength  of  tlie  majority  in  dfiniocraoies.— Most  of  tlio  American  Con- 
stitutions have  inert!, ised  tiiis  strmigth  by  artificial  uiuaiis. — How  this  has  been 
done — Pledged  delegates, — Moral  power  of  the  majority.  — Opinion  as  to  its 
infallibility. — Respect  for  its  rights,  how  augmented  in  the  United  -tates. 

The  very  essence  of  democratic  governnieut  consists  in  tlie  ab- 
solute sovereignty  of  the  niajority  ;  for  there  is  nothiny-  in  demo- 
cratic states  which  is  caj)al)le  of  resisting'  it.  Most  of  the  Ame- 
rican Constitutions  have  sought  to  increase  this  natural  strength 
of  the  majority  by  artificial  means.* 

The  legislature  is,  of  all  political  institutions,  tie  one  which 
is  most  easily  swayetl  by  the  wishes  of  the  majority.  The  Ame- 
ricans determined  that  the  members  of  the  legislature  should  be 
elected  by  the  people  immediately,  :ind  for  a  very  brief  term,  in 
order  to  sidiject  them,  not  only  to  the  general  convictions,  but 
even  to  the  daily  passions  of  their  constituents.  The  members 
of  both  Houses  are  taken  from  the  same  class  in  society,  and 
are  nominated  in  the  same  manner  ;  so  that  the  modifications  of 
the  legislative  bodies  arc  almost  as  rapid  and  quite  as  irresisti- 
ble as  those  of  a  single  assembly.  Jt  is  to  a  legislature  thus 
constituted,  that  almost  all  the  authority  of  the  Government  has 
been  entrusted. 

But  whilst  the  law  increas(>d  th."  strt'uiith  of  those  authorities 
which  of  themselves  were  strong,  it  enl'eebled  more  and  more 
those  which  were  natin'ally  weak.  It  deprived  the  representa- 
tives of  the  executive  of  all  stability  and  independence  ;  and  by 
subjecting  them  compltHely  to  the  caprict^s  of  the  legislature,  it 
rol)bed  them  ol"  the  slender  inlluence  whi(h  the  nature  of  a  de- 
mocratic government  might  have  allowed  thom  to  retain.  In 
several  iStates,  the  judicial  power  was  also  submitted  to  the  elcc- 
li\  e  discretion  of  the  majority  ;  and  in  all  of  them   its  existence 

*  We  observed  in  examining  the  Tedeial  Coiislitiilion  that  the  etVorts  of  the 
legislators  of  the  I'nion  had  been  diainetrically  opposed  to  the  present  leiidenry. 
The  conseipieiiei!  has  been  that  the  I'ederal  (ioverniiiiint  is  more  independent  in 
its  sphere  tiian  that  of  the  States,  lint  iIk;  Federal  Government  .scarcely  ever 
interferes  in  any  but  external  atVairs  ;  and  the  governments  of  the  States  are  in 
reality  the  autiiorities  which  direct  society  in  America. 


;M 


tii'Hiif 


if, 


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lllll« 

m 

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iM.ir 

:if 

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1 

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i 

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V 

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236 


I 


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• 

1 

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fl 

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.♦  • 

« 


.1'  . 


4m  t 


wns  made  to  flrpoivl  on  the  pleasure  of  the  legislative  authority, 
since  the  rcpn'sciitiitives  were  empowered  annually  to  regulate 
the  stliH'ud  <»r  llie  Judges. 

Custom,  h()\\ev«r,  has  done  even  more  than  hiw.  A  proceed- 
ing ^^hi(ll  ^^'^\\  in  the  end  set  all  the  guaranti-es  of  repre^entative 
gt)\ cniment  at  nought,  is  becominf^  more  and  nu)re  general  in 
the  I'nited  States  :  it  frequently  ha|)pens  that  the  ele<'tors,  who 
clioos(>  a  delegate,  point  out  a  certain  line  of  conduct  to  him, 
and  impose  upon  him  a  certain  number  of  jiositive  obligations 
which  he  is  j)le<lged  to  fulfd.  With  the  exception  of  the  tumult, 
this  comes  to  the  same  thing  as  if  the  majority  of  the  populace 
held  its  d(>liberations  in  the  market-place. 

Several  odier  circnmsiances  concur  in  rendering  the  jiower  of 
the  majority  in  Am(>rica,  not  only  jireponderant,  but  irresistible. 
The  moral  authority  oi"  the  majority  is  partly  based  up»)n  the 
notion,  that  tliere  is  more  intelllgeiu'e  and  more  wisdom  iu  a 
great  number  of  men  collected  together  than  in  a  single  indivi- 
dual, and  that  the  (|uantity  of  legislators  is  more  important  than 
their  quality.  The  theory  of  ecpudity  is  in  fact  applied  to  the 
intellect  of  man  ;  and  h.uman  pride  is  thus  assailed  in  its  last 
retreat,  by  a  doctrine  which  the  minority  hesitate  to  admit,  and 
in  which  they  very  slowly  concur.  Like  all  other  ])owers,  and 
perhaps  more  than  all  other  powers,  the  authority  of  the  many 
requires  the  sanction  of  time ;  at  first  it  enforces  obedience  by 
constraint;  l)ut  its  laws  are  )iot  res])ectcd  until  they  have  long 
been  maintnined. 

The  right  of  governing  society,  which  the  majority  supposes 
itself" to  derive  fi'om  its  superior  intelligence,  was  introducefl  into 
the  I  nited  States  In  the  first  settlers  ;  and  this  idea,  whl<h  would 
be  suflicicnt  of  itself  to  create  a  free  nation,  has  now  been  amal- 
gamated with  the  manners  of  the  people,  and  the  miiu)r  incidents 
of  social  intercourse. 

The  Freiu'h,  under  the  old  monarchy,  held  it  for  a  maxim, 
(which  is  still  a  fundamental  principle  of  the  English  Constitu- 
tion,) that  the  King  couhl  do  no  wrong;  and  if  he  did  do  wrong, 
the  blame  was  imput(ul  to  his  advisers.  This  notion  was  highly 
favorable  to  habits  of  obedience;  and  it  enabled  the  subject  to 
complain  of  the  law,  without  ceasing  to  love  aiul  honor  the  law- 
giver. The  Americans  entertain  the  same  oj)inion  with  respect 
to  the  majority. 

The  moral  })ower  of  the  majority  is  founded  upon  yet  another 
principle,  which  is,  that  the  interests  of  the  many  are  to  be  pre- 
ferred to  those  of  the  few.     It  will  readily  be  perceived  that  the 


237 


respect  hero  professed  for  the  rif^hts  of  the  majority  must  natu- 
rally inereaso  or  diniinisli  aeconiiuu;  to  the  state  of  parties. 
When  a  nation  is  divided  into  several  irrej'oneileahle  factions, 
the  privilefi;e  of  the  majority  is  often  overlooked,  hecause  it  is 
intolerahle  to  eoniply  with  its  demands. 

if  there  existed  in  Ameriea  a  class  of  citl/ens  whom  the  leuis- 
latinj:;  majority  sont^ht  to  deprive  of  exclusive  pri^  ilexes,  which 
they  had  possessed  for  a<:;es,  and  to  hrinj;,'  down  from  an  elevated 
station  to  the  level  of  the  raid<s  of  the  nndtitiide,  it  is  pr«)l)al)le 
that  the  minority  would  he  less  ready  to  comply  with  its  laws. 
But  as  the  [Jnited  States  were  coloni/ed  hy  men  holdini;  an 
equal  rank  amongst  themselves,  there  is  as  yet  no  natural  or 
permanent  source  of  dissension  hetween  the  interests  of  its  diller- 
ent  iidr<d)itants. 

There  are  certain  eommimities  in  w  hich  the  persons  who  con- 
stitute the  minority  can  never  hope  to  draw  over  the  majority 
to  their  side,  hecause  they  nuist  then  j^ive  up  the  very  point 
w hich  is  at  issue  hetween  them.  Thus,  an  aristocracy  can  never 
hecome  a  majority  whilst  it  retains  its  exclusive  privileges,  and 
it  cannot  cede  its  privileges  without  ceasini;"  to  he  an  aristocracy. 

In  the  United  Stat«'s,  jjolitical  (|uestious  camu)t  he  taken  up 
in  so  general  ami  ahsolute  ii  maimer  ;  and  all  parties  are  willing* 
to  recojffuise  the  rights  of  the  majority,  hecause  they  all  hope  to 
turn  those  rifxhts  to  their  own  advanta<;e  at  some  future  time. 
The  majority  therefore  in  that  country  exercises  a  prodigious 
actiud  authority,  and  a  moral  inlluence  which  is  scarcely  less 
preponderant;  no  obstacles  exist  which  can  impede,  or  so  much 
as  retard  its  proy:ress,  or  which  cj;.i  induce  it  to  heed  the  com- 
phiints  of  those  whom  it  crushes  upon  its  path.  This  state  of 
things  kfutui  in  itself  and  dangerous  for  the  future. 


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238 


HOW  THE  UNLIMITED  POWER  OF  THE  MAJORITY  INCREASES 
IN  AMERICA,  THE  INSTABILITY  OF  LEGISLATION  AND  THE 
ADMINISTRATION    INHERENT  IN  DEMOCRACY. 


I 


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Tht!  Amencnns  increase  the  imitability  of  the  laws  wliich  is  inlierent  in  demo- 
cracy by  ciiangin^  the  legishUnre  every  year,  and  by  investing  it  with  un- 
bounded authority- — The  same  effect  is  produced  upon  the  administration. — 
ill  America  socini  amelioration  is  conducted  more  energetically,  but  less  perse- 
veilngly  than  in  Europe. 

I  HAVE  already  spoken  of  the  natural  defects  of  democratic  in- 
stitutions, and  tliev  all  of  tliern  increase  in  the  exact  ratio  of  the 
power  of  the  majority.  To  bei^in  with  the  most  evident  of  them 
all ;  the  mutability  of  the  laws  is  an  evil  inherent  in  democratic 
government,  because  it  is  natural  to  democracies  to  raise  men 
to  power  in  very  rapid  succession.  But  this  evil  is  more  or  less 
sensible  in  pro))ortiwn  to  the  authority  and  the  means  of  action 
which  the  lejuislature  possesses. 

In  America  the  authority  exer<-ised  by  the  lepslatlve  bodies 
is  supreme;  nothing  prevents  them  from  accomiJiishinu:  their 
".vishes  with  celerity,  and  with  irresistible  power,  whilst  they  are 
supj)lied  by  new  representatives  every  year.  That  is  to  say, 
the  circumstances  whicji  contril)ute  most  |)owerfu!ly  to  democra- 
tic instability,  and  which  admit  oi'the  (r<'('  aj;j)licati()n  of  caprice 
to  every  object  in  I'le  f>tate,  are  here  in  lidl  operation.  In  con- 
iJinnity  \\'n\>  this  j)i-iM(iple,  America  is,  at  the  |)resent  day,  the 
country  in  the  world  where  laws  last  the  shortest  time.  Almost 
all  the  Anieri(iii)  constitiuions  have  been  amended  within  the 
course  of  thirty  years:  thrre  is  thereJore  not  a  siujiile  American 
State  which  has  not  modilied  the  principles  of  its  leyislation  in 
that  lapse  of  time.  As  for  the  laws  themselves,  a  siuifle  julaiu^e 
upon  the  archives  o/"  the  different  States  of  tli  ■  I  nion  suflices  to 
convince  one,  that  in  Ameri*  a  ih/  acti\it\  of  the  legislator  never 
slackens.  Not  that  the  A^nerican  democracy  is  naturally  less 
stable  than  any  other,  but  tliat  it  is  allowed  to  follow  its  capri- 
ciou«;  proj)ensities  in  the  formation  of  the  laws.* 

*  Til"  Ic^'isliitive  arts  prmiinlgatcil  hy  the  State  of  .Mnssachusctts  alotie,  from 
the  year  I7'"0  to  ilie  prcsi'ut  lime,  alro.idy  till  tliree  stout  volumes :  and  it  must 
not  lie  forjioKt  II  tli.il  the  roliictioii  to  vvhicli  I  alliuii;  was  [)ublish<!d  in  ]8:il{,  when 
niMiiy  nid  laws  \' hich  had  fallen  iiiJo  (!isii::(!  were  oinitlt'd.  'I  he  State  ol'  Massa 
oliiisf'tfs,  w  iiich  is  not  more  populous  lliui  a  dcpirtment  of  France,  i.iay  hi;  con- 
sidered as  I  he  most  stable,  the  most  couiustent,  and  the  most  sagacious  in  its  under- 
tukingb  of  the  wltolu  Umuu. 


239 


The  omnipotence  of  the  majority,  and  the  rapid  as  well  as 
absolute  manner  in  whicli  its  decisions  are  executed  in  the  United 
States,  has  not  only  the  eflect  of  rendering  the  law  unstable,  but 
it  exercises  the  same  influence  upon  the  execution  of  the  law  and 
the  conduct  of  the  public  administration.  As  tlie  majority  is  the 
only  power  which  it  is  important  to  court,  all  its  projects  are 
taken  up  witii  the  greatest  ardor ;  but  no  sooner  is  its  attention 
distracted,  than  all  this  ardor  ceases ;  wiiilst  in  the  free  states  of 
Europe,  the  administration  is  at  once  independent  arul  secure, 
so  that  the  pnyects  of  the  lejj^islature  are  put  into  execution,  al- 
though its  immediate  attention  may  l)o  directed  to  other  objects. 

In  America  certain  ameliorations  are  undertaken  with  much 
more  zeal  and  activity  than  elsewliere  ;  in  Euroj)e  the  same  ends 
are  promoted  by  much  less  social  eflbrt,  more  continuously  ap- 
jilied. 

Some  years  ago  several  jiious  individuals  undt  r\rH)k  to  ame- 
liorate the  condition  of  the  prisons.      The  public  was  excited  by 
the  statements   v  hjeh  they  put  forward,  and  the   regeneration  of 
criminals  became  a  very  j)0))ular   uiul»  rtaking.     New   prisons 
were  built;  and,  for  \\\r  (irst  time,  the  idea  of  reforminti'  as  well 
us  of  piuii>lilng  tlic  d(Tui(iueiit,  formed  a  part  of  prison  discipline. 
But   this   li;ippy  alteration,  in    which   the   jiublie    bad   taken   so 
hearty  an  interest,  and  which   the  exertions  of  the  citizens  iiad 
irresistibly  iiceeler;Ued,   could  not  be  completed  in   a  moment. 
W  hilst  llie  new  penitentiarie-;  were  beinu,"  erected,  (and  it  was  the 
pleiisnre  of  the  iiiajority  they  shoidd  be  U-rminated  with  all  pos- 
sible celerity,)  the  old  prisons  existed,  which  still  contiiineo   a 
great  number  of  ofli'iulers.      These   jails  became  more  unwhole- 
some and  mcrre  corrupt   in  proportion  as  the  new  establishments 
wvrc   beantifcd  and   Improved,  forminii"  ii  contrast  which  may 
readily  h<'  understood.     Tii  ■  majority  was  so  eauerly  employed 
in  founding  th(>  new  j)risons,  that  thoM'  wliich  already  existed 
were  forgotti'U  ;  aiul   as  the  generid   attention  was  diN  erted  to  a 
novel   object,  the  care   which  had  hitherto   been  bestowed   upon 
the  others  ceased.      The  salutary  regulations  of  discipline  vmto 
first  relaxed,  and  afterwaids  broken  ;  so  that  in  the  inunediate 
neighborhood  of  a  prison  which  bore  witness  to  the  mild  and 
enlightened  spirit  of  our  time,   dungeons   might  be  met  w;  h 
which  reminded  the  visitor  of  the  barbarity  of  the  jNIiddle  Af^es. 


X«i-  (11 


»», , 


A%.  HIM 

*    1  in 

m 


240 


TYRANNY   OF    THE    MAJORITY. 


!%II»'K 


*%  til 

I 


:v 


^  t 


How  tho  principle  of  the  sovereignty  of  the  people  is  to  be  und' rstood. — Iw 
po-isibility  of  conceiving  a  n)ixed  government. — The  sovereign  power  must 
centre  soinevviiere. — Precautions  to  be  taken  to  control  its  action. — Thesf 
precautions  have  not  been  taken  in  the  United  States. — Consequences. 

I  HOLD  it  to  bo  an  impious  and  an  execrable  maxim  that,  poli- 
tically speaking',  a  [)e()ple  has  a  right  to  do  whatsoever  it  pleases; 
and  yet  I  hnxc  asserted  tliat  all  authority  originates  in  the  will 
of  the  laajority.     Am  1,  then,  in  contradiction  with  myself? 

A  g:eneral  law  —  which  bears  the  name  of  Justice — has  been 
made  and  sanctioned,  not  only  by  a  majority  of  this  or  that  peo- 
ple, but  by  a  majority  of  muidvind.  The  rights  of  every  people 
are  consetjuently  conline«l  within  the  limits  of  what  is  just.  A 
natiim  may  be  considered  in  the  light  of  a  jury  which  is  empow- 
ered to  represent  society  at  large,  and  to  apply  the  great  and 
general  law  of  Jiistic(\  Onglu  such  a  jury,  which  represents  so- 
ciety, to  liave  more  power  than  the  society  in  which  the  laws  it 
applies  originate  ? 

When  1  refuse  to  obey  an  imjust  law,  I  do  not  contest  the 
rigtit  which  the  majorif  lias  oj'«-ommandiiig,  l)ut  I  simply  appeal 
from  the  sovereignty  o'  the  people  to  tiie  sovereignty  c'f'>»anlvind. 
]t  has  been  asserted  that  a  peuj)le  can  never  entirely  outstep  the 
boundaries  of  jic^tir-e  and  of  reason  in  those  all'airs  which  are 
more  jjeculiarly  its  own  ;  and  that  consequently  full  power  may 
fearlessly  be  given  to  the  majority  by  which  it  is  represented. 
But  this  IfuiLiiiage  is  that  of  a  slave. 

A  majority  taken  collectively  may  be  regarded  as  a  being- 
whose  oj)inions,  and  most  fre(|uently  whose  interests,  are  opposed 
to  those  of  another  Ijeing,  which  i>  styled  a  minority.  If  it  be 
adi;  Stted  that  a  man,  possessing  absolute  power,  may  misuse  that 
power  by  wronginii:  his  acKersaries,  why  should  a  majority  not 
be  liable  to  the  same  rej)roach.''  Men  are  not  apt  to  change 
their  characters  by  agglomeration  ;  nor  does  their  patience  in 
the  j)resence  of  obstacles  increase  with  the  consciousness  of  their 
strength.*     And  for  these  reasons  1  can  never  willingly  in\est 


*  No  orip  will  assert  that  a  people  cannot  forcibly  wrone  another  people  :  but 
parties  may  l)e  looked  upon  as  lesser  nations  within  a  greater  one,  and  they  are 
aliens  to  each  other :  if  therefore  it  be  admitted  Uiata  nation  can  act  tyrannically 
towards  another  nation,  iter  nnot  be  denied  that  a  party  may  do  the  same  towards 
another  party. 


241 


I  ( 


any  number  of  my  fellow-creatiires  with  that  unlimited  authority 
which  I  should  refuse  to  any  one  of  them. 

I  do  not  think  that  it  is  possible  to  combine  several  principles 
in  the  same  i?overnment,  so  as  at  the  same  time  to  maintain  free- 
dom, and  really  to  oppose  them  to  one  another.  The  form  of 
government  which  is  usually  termed  mixed  has  always  appeared 
to  me  to  be  a  mere  chimera.  Accurately  speaking  there  is  no 
such  thing  as  a  mixed  government,  (with  the  meaning  usually 
given  to  tliat  word,)  because  in  all  communities  some  one  prin- 
ciple of  action  may  be  discovered,  which  preponderates  over 
die  others.  England  in  die  last  century,  which  has  been  more 
especially  cited  as  an  example  of  this  form  of  government,  was 
in  point  of  fact  an  essentially  aristocratic  state,  aUhough  it  com- 
prised very  powerful  elements  of  democracy  :  for  the  laws  and 
customs  of  the  country  were  such,  that  tiie  ari>t«)cracy  could  not 
but  preponderate  in  the  end,  and  subject  the  direction  of  public 
affairs  to  its  own  will.  'I'he  error  arose  from  too  much  atten- 
tion being  ])aid  to  die  actual  struggle  which  was  going  on  be- 
tween the  nobles  and  the  people,  without  considering  the  proba- 
ble issue  of  the  contest,  wliich  was  in  reality  the  important  point. 
When  a  comnuinity  really  has  a  mixed  government,  that  is  to 
say,  when  it  is  equally  dividtnl  between  two  adverse  principles, 
it  must  either  pass  dirough  a  revolution,  or  fall  into  com[)letc 
dissolution. 

\  am  therefore  of  ojiinion  that  some  one  social  power  must 
alw  ays  be  made  to  predominate  over  the  others ;  but  I  think 
that  liberty  is  endangered  when  this  power  is  checked  by  no 
obstacles  which  may  retard  its  course,  and  force  it  to  moderate 
its  own  \('li('menc('. 

[  iiliniited  j)ow(>r  is  ir.  itself  a  bad  an''  «iangerous  thing;  hu- 
man beings  are  not  c> Mnpetent  to  exercise  it  with  discretion  ; 
and  Ciod  alone  can  be  omnipotent,  because  his  wisdom  and  his 
justice  are  always  equal  to  his  power.  But  no  power  upon 
earth  is  so  worthy  of  honor  for  itself,  or  of  reverential  obedience 
to  the  rights  which  it  represents,  that  I  would  consent  to  admit 
its  uncontrolled  and  all- predominant  authority.  When  I  see 
that  the  right  and  the  iiieans  of  absolute  command  are  conferred 
on  a  people  or  u|)on  a  king,  upon  an  aristocracy  or  a  demo- 
cracy, a  monarchy  or  a  republic,  I  recogni/.e  the  germ  of  tyran- 
ny, and  J  journey  onwards  to  a  land  of  more  hopeful  institutions. 

In  my  opinion  the  main  evil  of  the  present  democratic  insti- 
tutions of  the  United  States  does  not  arise,  as  is  often  asserted 
in  Europe,  from  their  weakness,  but  from  their  overpowering 
31 


9 


ilMK  ('#<«• 


;  ( 


243 


!»«.»:, 
^^•. 


I 


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t 


f 


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4«#  r 


streng;th  ;  and  T  am  not  so  much  alarmed  at  the  excessive  liberty 
which  rciqiis  in  that  country,  as  at  the  very  inadequate  securi- 
ties which  exist  against  tyranny. 

When  an  individual  or  a  party  is  wronged  in  the  United 
States,  to  whom  can  he  apply  for  redress  ?  If  to  public  opinion, 
public  opinion  constitutes  the  majority ;  if  to  the  legislature,  it 
represents  the  majority,  and  implicitly  obeys  its  injunctions ;  if 
to  the  executive  power,  it  is  appointed  by  the  majority  and  re- 
mains a  passive  tool  in  its  hands ;  the  p  jblic  troops  consist  of 
the  majority  under  arms ;  the  jury  is  the  majority  invested  with 
the  right  of  hearing  judicial  cases  ;  and  in  certain  States  even 
the  judges  are  elected  by  the  majority.  However  iniquitous  or 
absurd  the  evil  of  which  you  complain  may  be,  you  must  sub- 
mit to  it  as  well  as  you  can.* 

If,  on  the  other  Jiand,  a  legislative  power  could  be  so  consti- 
tuted as  to  represent  the  mnjority  without  necessarily  being  the 
slave  of  its  passions ;  an  executive,  so  as  to  retain  a  certain  de- 
gree of  uncontrolled  authority;  and  a  judiciary,  so  as  to  remain 
independent  of  the  two  other  powers ;  a  government  would  be 

*  A  striking  instance  of  tiie  excesses  wiiich  may  be  occasioned  by  the  despo- 
tism of  the  majority  occurred  at  Baltimore  in  the  year  1812.  At  that  time  the 
war  was  very  popular  in  Baltimore.  A  journal  wiiich  had  taken  the  other  side 
of  the  (jucs^tion  excited  the  indignation  oi  the  inhal)itants  by  its  opposition.  The 
populace  assembled,  broke  the  prititiiigjiresses,  and  attacked  the  houses  of  tho 
newspaper-editors.  The  militia  was  called  out,  but  no  one  obeyed  the  call ;  and 
the  only  means  of  saving  the  poor  wretches  who  were  threatened  by  the  frenzy 
of  the  nmb,  was  to  throw  them  into  prison  as  connnon  malifartors.  But  even 
this  precaution  was  inctlecfual ;  the  nuib  collected  again  during  the  night ;  the 
magistrates  again  made  a  vain  attempt  to  call  out  the  nulilia ;  the  prison  was 
forced,  one  of  the  newspaper-editors  was  killed  upon  the  spot,  and  the  others 
were  left  for  dead  :  the  guilty  parties  were  acquitted  by  the  jury  when  they  were 
brought  to  trial. 

I  said  one  day  to  an  inhabitant  of  Pennsylvania.  "  Be  so  good  as  to  explain  to 
me  how  it  happens,  that  in  a  Slate  founded  by  Quakers,  and  celeluated  for  its 
toleration,  freed  Blacks  are  not  allowed  to  exercise  civil  rights.  They  pay  the 
taxes  :  is  it  not  fair  that  they  should  have  a  vote  ?" 

"  You  insult  us,"  replied  my  informant,  "  if  you  imagine  that  our  legislators 
coidd  have  eonmiitted  so  gross  an  act  of  injustice    ml  intolerance." 

"  What  then,  the  Blacks  possess  the  right  of  voting  in  this  country  ?" 

"  Without  the  smallest  doubt." 

"  How  comes  it,  tiien,  that  at  the  polling-booth  this  morning  I  did  not  perceive 
a  single  Negro  in  the  \^hole  meeting?" 

"This  is  not  the  fault  of  the  law :  the  Negroes  have  an  undisputed  right  of 
voting:  but  they  voluntarily  abstain  from  making  their  appearance." 

"A  very  pretty  piece  of  modesty  on  their  parts!"  rejoined  I. 

"  Why.  the  truth  is  that  they  are  imt  disinclined  to  vote,  but  they  are  alVuid  of 
bein?  maltreated ;  in  this  country  the  law  is  sometimes  unable  to  maintain  its  au- 
thority, without  the  support  of  ilie  majority      I.iit  in  this  ca^e  the  majority  enlci 
tains  very  strong  prejudices  against  th-  Blacks,  and  the  «>agi.strate9  urtt  ituuble  to 
protect  them  in  the  exercise  of  then'  legal  pnvuiges." 

"  What,  then,  the  majority  clauns  the  right  uot  o\\\y  ufntaking  the  lawi,  but  of 
breaking  the  laws  it  bus  made  T' 


243 

formed  which  would  still  be  democratic,  without  incurring  any 
risk  of  tyrannical  abuse. 

I  do  not  say  that  tyrannical  aliuses  frequently  occur  in  Ame- 
rica at  the  present  day ;  but  I  maintain  ih;it  no  sure  barrier  is 
established  against  them,  and  that  the  causes  which  mitigate  the 
government  are  to  be  found  in  the  cii  :umstances  and  the  man- 
ners of  the  country  more  than  in  its  laws. 


t 


II 


EFFECTS  OF  THE  X^NLIMITED  POWER  OP  THE  MAJORITY  UPON 
THE  ARBITRARY  AUTHORITY  OF  THE  AMERICAN  PUBLIC 
OFFICERS. 

Liberty  left  by  the  American  laws  to  public  officers  within  a  certain  sphere.— 
Their  power. 

A  DISTINCTION  must  be  drawn  between  tyranny  and  arbitrary 
power.  Tyranny  may  be  exercised  by  means  of  tlie  law,  and 
in  that  case  it  is  not  arbitrary  :  arbitrary  power  may  bo  exercised 
for  the  good  of  the  comnumity  at  laru:e,  in  which  caso  it  is  not 
tyrannical.  Tyranny  usually  employs  arbitrary  means,  but, 
if  necessary,  it  can  rule  without  them. 

In  the  United  States  the  unbounded  ])Ower  of  tlie  majority, 
which  is  favorable  to  the  lethal  despotl-^iu  of  the  legislature,  is 
likewise  favorable  to  the  arbitrary  authority  of  the  magistrates. 
The  majority  has  an  entire  control  o\er  th<  law  when  it  is  made 
and  when  it  is  executed  ;  and  as  it  possesses  '".i  ecpial  authority 
over  those  who  are  in  jiower,  and  the  community  at  large,  it 
considers  puMic  ollieers  ,«s  its  passive  -.igf-nts,  ami  r»  adily  con- 
fides the  task  ol  serv  mil  its  designs  to  their  viiiilance.  The  de- 
tails of  their  otfire  and  the  privileges  >\  liich  tlh^v  are  to  enjoy 
are  rarely  defined  lielorehand  ;  l>ut  tln^  majority  treats  them,  as 
a  master  does  his  servant-,  when  they  ;uv  always  at  work  in  his 
siiihl,  and  iie  has  th"  pout-r  of  directing  or  reprimanding  them 
at  evj'rv  instiint. 

In  giMieral  !<e  American  functionaries  are  far  more  indepen- 
dent than  the  ;  rench  civil  ofiicers  within  the  sphere  which  is 
prescribed  to  them.  Sometimes,  even,  they  an^  allowed  by  the 
popula.  authority  to  exceed  those  bounds  ;  and  as  they  are  pro- 
tectee by  the  opinion,  and  backetl  by  the  co-operation,  of  the 
majority,  they  venture  upon  such  manifestations  of  their  power 


Hi'  ua« 


«>, 


I 


XMtt  \'.«tm 


M.  IIIIHI 

»     -4  0 

I 

1 

.         I 


I      I 


■ 


244 

as  astonish  a  European.  By  this  means  habits  are  formed  in 
the  heart  of  a  free  country  which  may  some  day  prove  fatal  to 
its  liberties. 


1' »«.»:,  ' 

tr»':  ; 

if"' 

I  «•'«■ 


ll,«l 


»J!HH 


«M 


I 


I 


.1'  . 


^  fi' 


POWER    EXRCISED    BY    THE    MAJORITY    IN    AMERICA    UPON 

OPINION. 

In  America,  when  llie  majority  lias  once  irrevocably  decided  a  question,  all  dis- 
cnssion  ceases. — Ucason  oftiiis. — Moral  power  exercised  hy  the  majority  upon 
opinion. — Democratic  republics  have  deprived  despotism  of  its  physical  instru- 
ments.— Their  despotism  sways  the  minds  of  men. 

It  is  in  the  examination  of  the  display  of  public  opinion  in  the 
-United  folates,  that  we  dearly  perceive  how  far  the  power  of  the 
majority  surpasses  all  the  powers  with  Mhich  we  are  acquainted 
in  Europe.  Jntellectual  principles  exercise  an  influence  which 
is  so  invisible  and  often  so  hiappreciable,  that  they  bailie  the 
toils  of  oppression.  At  the  present  time  the  most  absolute  mon- 
archs  in  Europe  are  unable  to  prevent  certain  notions,  which 
are  opposed  to  their  authority,  from  circulating  in  secret  through- 
out their  dominions,  and  even  in  their  courts.  Such  is  not  the 
case  in  America  ;  .'is  long  as  the  majority  is  still  luidecidcd,  dis- 
cussion is  caried  on  ;  but  as  soon  as  its  decision  is  irrevocably 
pronounced,  a  submissive  silence  is  observed  ;  and  the  friends, 
as  well  as  the  opponents,  of  the  measure,  unite  in  assenting  to 
its  propriety.  'J'he  reason  of  this  is  ))erfect)v  clear  :  no  monarch 
is  so  absolute  as  to  combine  all  the  jiowers  of  society  in  his  own 
hands,  and  to  concjuer  all  opposition,  with  the  energy  of  a  ma- 
jority, which  is  invested  with  the  right  of  making  and  of  executing 
the  laws. 

The  iiuthority  of  u  king  is  purely  ))hysical,  and  it  controls  the 
actions  of  the  subject  without  subduing  ins  private  will ;  but  the 
majority  possesses  a  power  w hich  is  ph\ sical  and  moral  at  the 
same  time ;  it  acts  iij)on  the  will  as  well  as  upon  the  actions  of 
men,  and  it  represses  not  only  all  contest,  l)ut  all  controversy. 

I  know  no  country  in  which  there  is  so  little  true  indepen- 
dence of  mind  and  freedom  of  discussion  as  in  America.  In 
any  constitiitio)ial  >t;itv  in  Europe  every  sort  of  reliii^ious  and 
political  theory  may  be  advocated  and  propagated  abroad  ;  for 
there  is  no  country  in  Europe  so  subdued  by  any  single  author- 


'f  1 


245 


I  •    1 


ity,  as  not  to  contain  citizens  who  are  ready  to  protect  the  man 
who  raises  his  voice  in  the  cause  of  truth,  from  the  consequences 
of  his  hardihood.  If  he  is  unfortunate  enough  to  live  under  an 
absolute  government,  the  people  is  upon  his  side ;  if  he  inhabits 
a  free  country,  he  may  find  a  shelter  behind  the  authority  of  the 
throne,  if  he  require  one.  The  aristocratic  part  of  society  sup- 
ports him  in  some  countries,  and  the  democracy  in  others.  But 
in  a  nation  where  democratic  institutions  exist,  organized  like 
those  of  the  United  States,  there  is  but  one  sole  authority,  one 
single  element  of  strength  and  of  success,  with  nothing  be- 
yond it. 

In  America,  the  majority  raises  very  formidable  barriers  to  the 
liberty  of  opinion  :  within  these  barriers  an  author  may  write 
whatever  he  pleases,  but  he  will  repent  it  if  he  ever  step  beyond 
them.  Not  that  he  is  exposed  to  the  terrors  of  an  auto-da-fe, 
but  he  is  tormented  by  the  slights  and  persecutions  of  daily  oblo- 
quy. His  political  career  is  closed  for  ever,  since  he  has  of-  <> 
fended  the  only  authority  which  is  able  to  promote  his  success. 
Every  sort  of  compensation,  even  that  of  celebrity,  is  refused  to 
him.  Before  he  published  his  opinions,  he  imagined  that  he 
held  them  in  common  with  many  others ;  but  no  sooner  has  he 
declared  them  openly,  than  he  ^is  loudly  censured  by  his  over- 
bearing opponents,  whilst  those  who  think,  without  having  the 
courage  to  speak,  like  him,  abandon  him  in  silence.  He  yields 
at  length,  oppressed  by  the  daily  cfibrls  he  has  been  making, 
and  he  subsides  into  silence,  as  if  he  was  tormented  by  remorse 
for  having  spoken  the  truth. 

Fetters   and   headsmen  were   the   coarse   instruments  which 
tyranny  formerly  employed  ;  but  the  civilization  of  our  age  has 
refined  the   iirts  of  despotism,  which   seemed  however  to  have 
been  sufliciently   perfected  before.     The  excesses  of  monarchi- 
cal power   had  devised  a  variety  of  physical  means  of  oppres- 
sion ;  the  democratic  republics  of  the  present  day  have  rendered 
it  as  entirely  an  afiair  of  the  mind,  as  that  will  which  it  is  in- 
tended to  coerce.     Under  the  absolute  sway  of  an   individual 
despot,  the  body  was  attacked  in  order  to  subdue  the  soul ;  and 
the  soul  escaped  the  blows  which  were  directed  against  it,  and 
rose  superior  to  the  attempt ;  but  such  is  not  the  course  adopted 
by  tyranny  in  democratic  republics ;  there  the  body  is  left  free, 
and  the  soul  is  enslaved.     The   sovereign  can  no  longer  say, 
'You  shall  think  as  I  do  on  pain  of  death;'  but  he   says,  'You 
are   free  to  think  difierently  from  me,  and  to  retain  your  life, 
your  property,  and  all  that  you  possess  ;  but  if  such  be  your  de- 


Mi 

IJtII 

l>n\ 

MMt 

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1 

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O; 

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:,  i'M 


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246 

termination,  you  are  henceforth  an  alien  among  your  people. 
You  may  retain  your  civil  rights,  but  they  will  be  useless  to  you, 
for  you  will  never  be  chosen  by  your  fellow-citizens,  if  you  so- 
licit their  suffrages ;  and  they  will  affect  to  scorn  you,  if  you 
solicit  their  esteem.  You  will  remain  among  men,  but  you  will 
be  deprived  of  the  rights  of  mankind.  Your  fellow-creatures 
will  shun  you  like  an  impure  being  ;  and  those  who  are  most 
persuaded  of  your  innocence  will  abandon  you  too,  lest  they 
should  be  shunned  in  their  turn.  Go  in  peace  !  1  have  given 
you  your  life,  but  it  is  an  existence  incomparably  worse  than 
death.' 

Absolute  monarchies  have  thrown  an  odium  upon  despotism  ; 
let  us  beware  lest  democratic  republics  should  restore  oppression, 
and  should  render  it  less  odious  and  less  degrading  in  the  eyes 
of  the  many,  by  making  it  still  more  onerous  to  the  iew. 

Works  have  been  published  in  the  proudest  nations  of  the  Old 
World,  expressly  intended  to  censure  the  vices  and  deride  the 
follies  of  the  times :  Labruyere  inhabited  the  palace  of  Louis 
XIV.  when  he  composed  his  chapter  upon  the  Great,  and  Mo- 
liere  criticized  the  courtiers  in  the  very  pieces  which  were  acted 
before  the  Court.  But  the  ruling  power  in  the  United  States  is 
not  to  be  made  game  of ;  the  smallest  reproach  irritates  its  sen- 
sibility, and  the  slightest  joke  which  has  any  foundadon  in  truth 
renders  it  indignant ;  from  the  style  of  its  language  to  the  more 
solid  virtues  of  its  character,  everything  must  be  made  the  sub- 
ject of  encomium.  ]\o  writer,  whatever  be  his  eminence,  can 
escape  from  this  tribute  of  adulation  to  his  fellow-citizens.  The 
majority  lives  in  the  perpetual  practice  of  self-applause ;  and 
there  are  certain  truths  which  the  Americans  can  only  learn  from 
strangers  or  Irom  experience. 

If  great  writers  have  not  at  present  existed  in  America,  the 
reason  is  very  simply  given  in  these  facts  ;  there  can  be  no  liter- 
ary genius  without  freedom  of  opinion,  and  freedom  of  opin- 
ion does  not  exist  in  America.  The  Inquisition  has  never  been 
able  to  prevent  a  vast  number  of  anti-religons  books  from  cir- 
culating in  Spain.  The  empire  of  the  mnjority  succeeds  much 
better  in  the  United  States,  since  it  actually  removes  the  wish  of 
publishing  them.  Unbelievers  are  to  be  met  with  in  America, 
but,  to  say  the  truth,  there  is  no  public  organ  of  hifuielity.  At- 
tempts have  been  made  by  some  governments  to  protect  the 
morality  of  nations  by  prohibiting  licentious  books.  In  the 
United  States  no  one  is  punished  for  this  sort  of  works,  but  no 
one  is  induced  to  write  them  ',  not  because  all  the  citizens  are 


247 

immaculate  in  their  manners,  but  because  the  majority  of  the 
community  is  decent  and  orderly. 

In  these  cases  the  advantages  derived  from  the  exercise  of  this 
power  are  unquestionable  ;  and  I  am  simply  discussing  the  nature 
of  the  power  itself.     This  irresistible  authority  is  a  constant  fact,  ( 
and  its  judicial  exercise  is  an  accidental  occurrence.  I 


EFFECTS  OF  THE  TYRANNY  OF  THE  MAJORITY  UPON  THE 
NATIONAL  CHARACTER  OF  THE  AMERICANS. 


I  of  the  tyranny  oF  the  majority  more  sensibly  felt  hitherto  in  the  manners 
1  in  the  conduct  of  society. — They  checit  the  development  of  leading  cha- 
""■  — Democratic  repiihlics,  organized  like  the  United  States,  bring  the 


Effects 
than 

racters.     __ ._, .,,  ,..^ ...„   ^., 

practice  of  courting  fivor  within  the  reach  of  the  many.— Proofs  of  this  spirit 
in  the  Umte«i  States. — Why  there  is  more  patriotism  in  the  people  than  in  those 
who  govern  in  its  name. 


ixens  are 


The  tendencies  which  I  have  just  alluded  to  ar?  as  yet  very 
slightly  perceptible  in  political  society  ;  but  they  already  begin 
to  exercise  an  unfavorable  influence  upon  the  national  character 
of  the  Americans.  I  am  inclined  to  attribute  the  singular  pau- 
city of  distinguished  political  characters  to  the  ever-increasing 
activity  of  the  despotism  of  the  majority  in  the  United  States. 

When  the  American  Revolution  broke  out,  they  arose  in 
great  nimibers  ;  for  public  opinion  then  served,  not  to  tyrannize 
over,  but  to  direct  the  exertions  of  individuals.  Those  cele- 
brated men  took  a  full  part  in  the  general  agitation  of  mind 
common  at  that  period,  and  they  attained  a  high  degree  of  per- 
sonal fame,  which  was  reflected  back  upon  the  nation,  but  which  P^ju^, 
was  by  no  means  borrowed  from  it. 

In  absolute  governments,  the  great  nobles  who  are  nearest  to 
the  throne  flatter  the  passions  of  the  sovereign,  and  voluntarily 
truckle  to  his  caprices.  But  the  mass  of  the  nation  does  not 
degrade  itself  by  servitude;  it  often  submits  from  weakness,  from 
habit,  or  from  ignorance,  and  sometimes  from  loyalty.  Some 
nations  have  been  known  to  sacrifice  their  own  desires  to  those 
of  the  sovereign  with  pleasure  and  with  pride ;  thus  exhibiting 
a  sort  of  independence  in  the  very  act  of  submission.  These 
peoples  are  miserable  but  they  are  not  degraded.  There  is  a 
great  difl'crence  between  doing  what  one  does  not  approve,  and 
feigning  to  approve  what  one  does ;  the  one  is  the  necessary 
case  of  a  weak  person,  the  other  befits  the  temper  of  a  lacquey. 


'^9 


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248 

In  free  countries,  where  every  one  is  mr^c  or  less  called  upon 
to  give  his  opinion  in  the  afTairs  of  state ;  in  democratic  repub- 
lics, where  public  life  is  incessantly  conuninglcd  with  domestic 
afl'alrs,  where  the  sovereign  audiority  is  accessible  on  every  side, 
and  where  its  attention  can  almost  always  be  attracted  by  voci- 
feration, more  persons  are  to  be  met  with  who  speculate  upon 
its  foibles,  and  live  at  the  cost  of  its  passions,  than  in  absolute 
monarchies.  Not  because  men  are  naturally  worse  in  these 
States  than  elsewhere,  but  the  temptation  is  stronger,  and  of 
easier  access  at  the  sanie  time.  The  result  is  a  far  more  exten- 
sive debasement  of  the  characters  of  citizens. 

Democratic  republics  extend  the  practice  of  currying  favor 
with  the  many,  and  they  introduce  it  into  a  greater  number  of 
classes  at  once :  this  is  one  of  the  most  serious  reproaches  that 
can  be  addressed  to  them.  In  democratic  States  organized  on 
the  principles  of  the  American  republics,  this  is  more  especially 
the  case,  where  the  authority  of  the  majority  is  so  absolute  and 
so  irresistible,  that  a  man  must  give  up  his  rights  as  a  citizen, 
and  almost  abjure  his  quality  as  a  human  being,  if  he  intends  to 
stray  from  the  track  which  it  lays  down. 

In  that  immense  crowd  which  throngs  the  avenues  vo  power 
in  the  United  States,  I  found  very  few  men  who  displayed  any 
of  that  manly  candor,  and  that  masculine  iude|)endence  of 
opinion  which  frequently  disthiguished  the  Americans  in  former 
times,  and  which  constitutes  the  leading  feature  in  distinguished 
characters  wheresoever  they  may  be  found.  It  soems,  at  first 
sight,  as  if  all  the  minds  of  the  Americans  were  formed  upon 
one  model,  so  accurately  do  they  correspond  in  their  manner  of 
judging.  A  stranger  does,  indeed,  sometimes  meet  widi  Ame- 
ricans who  dissent  from  these  rigorous  formularies;  with  men 
who  deplore  the  defects  of  the  laws,  the  mutability  and  the  igno- 
rance of  democracy;  who  even  go  so  far  as  to  observe  the  evil 
tendencies  which  impair  the  national  character,  and  to  point  out 
such  remedies  as  it  might  be  possible  to  apply;  but  no  one  is 
there  to  hear  these  things  beside  yoursell",  and  you,  lo  whom 
these  secret  reflections  are  confided,  are  a  stranger  and  a  bird  of 
passage.  They  are  very  ready  to  communicate  truths  whidi 
are  useless  to  you,  but  they  condnue  to  hold  a  diflcrent  language 
in  public. 

If  ever  these  lines  are  read  in  America,  I  am  well  assured  of 
two  things  :  in  the  first  place,  that  all  who  peruse  them  will  raise 
their  voices  to  condemn  me ;  and  in  the  second  place,  that  very 
many  of  them  will  acquit  me  at  the  bottom  of  their  conscience. 


'■■; 

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I  liave  liparrl  of  patriotism  in  the  T/^nitod  States,  and  it  is  a 
virtue  u'jicli  may  l)e  (oiiiul  amoiim-  flu'  ix'opic,  hut  never  amoiif^ 
the  leaders  of  the  pco|)lo.  This  inii\  hr  explained  hy  analogy  ; 
despotism  (h^bases  the  oppressed  imuh  more  than  the  oppressor; 
in  absolute  monarchies  the  kinji;  has  often  great  virtues,  but  the 
courtiers  are  invariably  serA  ile.  It  is  true  that  the  American 
courtiers  do  not  say  'Sire,'  or  'Your  Majesty'  —  a  distinction 
without  a  difference.  'J 'hey  are  forever  talUinu:  of  the  natural 
intelliij^'ence  of  the  populace  they  serve;  they  dt)  not  debate  the 
question  as  to  which  of  the  virtues  of  their  master  is  pre-eminently 
worthy  of  admiration  ;  for  they  assure  him  that  Ik?  possesses  all 
the  A'irtues  under  heaven  without  havinp,'  acrpiind  them,  or  with- 
out carinic  to  ac(|uire  them  :  they  do  not  nive  him  their  dauji^h- 
ters  and  their  wives  to  bo  raised  at  his  pleasure  to  the  rank  of 
his  concubines,  but,  by  sacrificing  their  opinions,  they  prostitute 
themselves.  Moralists  and  philosophers  in  America  are  not 
obliged  to  conceal  their  opinions  under  the  veilof  allegory  ;  but, 
before  they  venture  upon  a  harsh  truth,  they  ^ay,  '  We  are  aware 
that  the  people  whicli  wc  are  addressing  is  to(»  superior  to  all 
the  weakiiesses  of  human  nature  to  lose  the  command  of  its  tem- 
per for  an  instant ;  and  we  should  not  hold  this  language  if  we 
were  not  speaking  to  men,  whom  their  virtues  and  iheir  intelli- 
gence render  more  worthy  of  freedom  than  all  the  rest  of  the 
rid.' 


won 


It  would  have  been  impossible  for  the  sycophants  of  Louis  XIV. 
to  flatter  more  (le\i.'rously.  For  my  part,  1  am  persuaded  that 
in  all  governments,  whatever  their  nature  may  be,  serility  will 
cower  to  force,  and  adulation  will  cling  to  powe*'.  The  only 
means  of  j)reveiiting  men  from  flegrading  th.omselves,  is  to  invest 
no  one  with  that  unlimited  authority  hich  is  the  surest  method 
of  debasing  them. 


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250 


THE     GREATEST     DANGERS     OF     THE     AMERICAN     REPUBLICS 
PROCEED    FROM  THE  UNLIMITED  POWER  OF  THE  MAJORITY. 

Democratic  republics  liable  to  perish  from  a  misTjso  of  tlioir  power,  and  not  by 
impotence.— Tiie  GovcMnmeiits  of  the  American  repnbhcsare  more  centralized 
and  more  energetic  than  those  of  the  monarchies  of  Europe.— Dangers  result- 
ing from  this — Opinions  of  Hamilton  and  Jellcrson  upon  this  point. 

Governments  usually  fall  a  sacrifice  to  impotence  or  to  tyranny. 
In  the  former  case  their  power  escapes  from  them :  it  is  wrested 
from  their  grasp  in  the  latter.  Many  observers,  who  have  wit- 
nessed the  anarchy  of  democratic  States,  have  imagined  that  the 
government  of  those  States  was  naturally  weak  and  impotent. 
The  truth  is,  that  when  once  hostilities  are  begun  between  par- 
ties, the  government  loses  its  control  over  society.  But  I  do  not 
think  that  a  democratic  power  is  naturally  without  force  or  with- 
out resources  :  say  rather,  that  it  is  almost  always  by  the  abuse 
of  its  force,  and  the  misemployment  of  its  resources  that  a  demo- 
cratic government  fails.  Anarchy  is  almost  always  produced  by 
its  tyranny  or  its  mistakes,  but  not  by  its  want  of  strength. 

It  is  ini:>ortant  not  to  confound  stability  with  force,  or  the 
greatness  of  a  thing  with  its  duration.  In  democratic  republics, 
tlie  power  which  directs*  society  is  not  stable  ;  for  it  often 
changes  hands  and  assumes  a  new  direction.  But  whichever 
way  it  turns,  its  force  is  almost  irresistible.  The  (governments 
of  the  American  republics  appear  to  me  to  be  as  much  centralized 
as  those  of  the  absolute  monarchies  of  Europe,  and  more  ener- 
getic than  diey  are.  I  do  not,  therefore,  imagine  that  they  will 
perish  from  weakness.! 

Jf  ever  the  free  institutions  of  America  are  destroyed,  that 
event  may  be  attributed  to  the  unlimited  authority  of  the  major- 
ity, wliich  may  at  some  future  time  urge  the  minorities  to  des- 
peration, and  oblige  thcni  to  have  recourse  to  physical  force. 

*  This  power  miy  he  centretl  in  an  assembly,  in  which  case  it  will  be  strong 
without  being  stable  ;  or  it  may  be  centred  in  an  individual,  in  which  case  it  will 
be  Ifss  strong,  hut  more  stable. 

t  I  pn^sumt;  tliat  it  is  srarce'y  necessarv  to  remind  the  reader  here,  as  well  as 
throughout  the  rem  liiider  of  iliis  chapti;r,  that  I  am  speaking  not  rf  the  Federal 
Government,  but  ol  the  several  Guvernmeuts  of  eucti  btuto  which  the  majority 
coutrola  at  iu  pleasure. 


!    -     ' 


251 


ii 


Anarchy  will  then  be  the  result,  but  it  will  have  been  brought 
about  by  despotism. 

Mr.  Hamilton  expresses  the  same  opinion  in  the  Federalist, 
No.  51.  "It  is  of  g;reat  importance  in  a  republic  not  only  to 
guard  the  society  against  the  oppression  '"-f  its  rulers,  but  to 
guard  one  part  of  the  society  against  the  injustice  of  the  other 
part.  Justice  is  the  end  of  government.  It  is  the  end  of  civil 
society.  It  ever  has  been,  and  ever  will  be  pursued  until  it  be 
obtained,  or  until  liberty  be  lost  in  the  pursuit.  In  a  society, 
under  the  forms  of  which  the  stronger  faction  can  readily  unite 
and  oppress  the  weaker,  anarchy  may  as  truly  be  said  to  reign 
as  in  a  state  of  nature,  where  the  weaker  individual  is  not  secured 
against  the  violence  of  the  stronger:  and  as  in  the  latter  state 
even  the  stronger  individuals  are  prompted  by  the  uncertainty 
of  their  condition  to  submit  to  a  government  wiiich  may  protect 
the  weak  as  well  as  themselves,  so  in  the  former  state  will  the 
more  powerful  factions  be  gradually  induced  by  a  like  motive  to 
wish  for  a  government  which  will  protect  all  parties,  the  weaker 
as  well  as  the  more  powerful.  It  can  be  little  doubted,  that  if 
the  State  of  Rhode  Island  was  separated  from  the  Confederacy 
and  left  to  itself,  the  insecurity  of  rigiita  under  the  popular  form 
of  government  within  such  narrow  limits,  would  be  displayed 
by  such  reiterated  oppressions  of  the  factious  majorities  that 
some  power  altogether  independent  of  the  people,  would  soon  be 
called  for  by  the  voice  of  the  very  factions  whose  misrule  had 
proved  the  necessity  of  it." 

Jefferson  has  also  thus  expressed  himself  in  a  letter  to  Madison  :* 
"  The  executive  power  in  our  Government  is  not  only,  perhaps 
not  even  the  principal  object  of  my  solicitude.  The  tyrann}'  of 
the  legislature  is  really  the  danger  most  to  be  feared,  and  will 
contiiuic  to  be  so  for  many  years  to  come.  The  tyranny  of  the 
executive  power  will  come  in  its  turn,  but  at  a  more  distant 
period." 

I  am  glad  to  cite  the  opinion  of  Jefferson  upon  this  subject ' 
rather  than  that  of  another,  because  I  consider  him  to  be  the  / 
most  powerful  advocate  democracy  has  ever  sent  forth. 

•  15tb  March,  1789. 


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2di 


CHAPTER  XVI. 


CAUSES  WHICH  MITIGATE  THE  TYRANNY  OF  THE  MAJORITY  IN 

THE  UNITED  STATES. 


ABSENCE  OF  CENTRAL  ADMINISTRATION. 


'^4 


■tt  ^ 


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i 


t-lt' 


The  national  majority  does  not  pretend  to  conduct  all  business. — Is  obliged  to 
employ  tlie  town  and  county  n)agistrutes  to  execute  its  supreme  decisions. 

I  HAVE  already  pointed  out  the  distinction  wliich  is  to  be  made 
between  a  centralized  goveinnient  and  a  centralized  administra- 
tion. The  former  exists  in  America,  but  the  latter  is  nearly 
unknown  there.  If  the  directing  power  of  the  American  com- 
munities had  both  these  instruments  of  government  at  its  dis- 
posal, and  united  the  habit  of  executing  its  own  commands,  to 
the  right  of  commanding  ;  if,  after  having  established  the  general 
principles  of  government,  it  descends  to  the  details  of  public 
business  ;  and  if,  having  regulated  the  great  interests  of  the 
country,  it  would  penetrate  into  the  privacy  of  individual  interest, 
freedom  would  soon  be  banished  from  the  New  World. 

But  in  the  United  States  the  majority  which  so  frequently  dis- 
plays the  tastes  and  the  propensities  of  a  despot,  is  still  destitute 
of  the  more  ])erfcct  instnmients  of  tyranny. 

In  the  American  republics  the  activity  of  the  central  govern- 
ment has  never  as  yet  been  extended  beyond  a  limited  number 
of  objects  sufliciently  prominent  to  call  forth  its  attention.  The 
secondary  art'airs  of  society  have  never  been  regulated  by  its 
autliority  ;  and  nothing  has  hitherto  betrayed  its  desire  of  inter- 
fering in  them.  The  majority  is  become  more  and  more  abso- 
lute, but  it  has  not  imreased  the  prerogatives  of  the  central 
govcnnnent ;  those  groat  prerogatives  have  been  confined  to  a 
certain  sphere ;  and  although  the  despotism  of  the  majority  may 
be  galling  upon  one  point,  it  cannot  be  said  to  extend  to  all. 
However  the  predominant  party  in  the  nation  may  be  carried 
away  by  its  passions;  however  ardent  it  may  be  in  the  pursuit 
of  its  projects,  it  cannot  oblige  all  the  citizens  to  comply  with 
its  desires  in  the  same  inannc  r,  and  at  the  same  time  throughout 
the  country.   When  the  central  G  overnment  wliich  represents  that 


I 


253 


)RITy  IN 


majority  has  issued  a  decree,  it  must  entrust  the  execution  of  its 
will  to  agents,  over  whom  it  frequently  has  no  control,  and  whom 
it  cannot  perpetually  direct.  The  townships,  municipal  bodies, 
and  counties  may  therefore  be  looked  upon  as  concealed  break- 
water, which  check  or  part  the  tide  of  popular  excitement.  If 
an  oppressive  law  were  passed,  the  liberties  of  the  people  would 
still  be  protected  by  the  means  by  which  that  law  would  be  put 
in  execution :  the  majority  cannot  descend  to  the  details,  and 
(as  I  will  venture  to  style  them,)  the  puerilities  of  administrative 
t3Tanny.  Nor  does  the  peoplo  entertain  that  full  consciousness 
of  its  authority,  which  would  prompt  it  to  interfere  in  these  mat- 
ters ;  it  knows  the  extent  of  its  natural  powers,  but  it  is  unac- 
quainted with  the  increased  resources  which  the  art  of  govern- 
ment might  furnish. 

This  point  deserves  attention  ;  for  if  a  democratic  republic,  / 
similar  to  that  of  the  United  States,  were  ever  founded  in  a  coun- 
try where  the  power  of  a  single  individual  had  previously  sub- 
sisted, and  the  efl'ects  of  a  centralized  administration  had  sunk 
deep  into  the  habits  and  the  laws  of  the  people,  I  do  not  hesi- 
tate to  assert,  that  in  that  country  a  more  insufferable  despotism 
would  prevail  than  any  which  now  exists  in  the  absolute  monar- 
chies of  Europe  ;  or  indeed  than  any  which  could  be  found  on 
this  side  the  confines  of  Asia. 


iUy  ? 


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THE  PROFESSION  OF  THE  LAW  IN  THE  UNITED  STATES  SERVES 
TO  COUNTERPOISE  THE  DEMOCRACY. 

Utility  of  discrimitmtin^  the  nnturnl  propensities  of  the  members  of  the  legal 
prol'ession. — These  iiieii  calleij  upon  to  act  ii  prominent  part  in  future  sopiety. 
— In  wliat  manner  the  peculiar  pursuits  of  lawyers  give  an  nristocralic  turn  to 
their  iileas. — Acciclpntal  causes  which  may  cheek  this  tendency. —  Kase  with 
whicli  the  aristocracy  coalesces  with  legal  men. — Use  of  lawyers  to  a  d(;s])ot. — 
Tiie  profession  of  the  law  constitutes  the  only  aristocratic  element  with  which 
the  natural  elements  of  democracy  will  combine. —  Peculiar  causes  wliich  tend 
to  give  an  aristocratic  turn  of  mind  to  the  English  and  American  lawyer. — 
The  aristocracy  of  America  is  on  the  bench  and  at  the  bar. — Intluence  of  law- 
yers upon  American  society.— Their  peculiar  magesterial  habits  alfect  the  legis- 
lature, the  administration,  and  even  the  people. 

In  visiting  the  Americans  and  in  studying  their  laws,  we  per- 
ceive that  the  authority  they  have  entrusted  to  members  of  the 
legal  profession,  and  the  influence  which  these  individuals  exer^ 


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cise  ill  the  Government,  is  the  most  powerful  existing  security 
against  the  excesses  of  democracy. 

This  e/lect  seems  to  me  to  result  from  a  general  cause  which  it 
is  useful  to  investigate,  since  it  may  produce  analogous  conse- 
quences elsewhere. 

The  members  of  the  legal  profession  have  taken  an  important 
part  in  all  the  vicissitudes  of  political  society  in  Europe,  during 
the  last  five  hundred  years.  At  one  time  they  have  been  the 
instruments  of  those  who  were  invested  with  political  authority, 
and  at  another  they  have  succeeded  in  converting  political  au- 
thorities into  their  instrument.  In  the  Middle  Ages  they  afforded 
a  powerful  support  to  the  Crown  ;  and  since  that  period  they 
have  exerted  themselves  to  the  utmost  to  limit  the  royal  preroga- 
tive. In  England  they  have  contracted  a  close  alliance  with  the 
aristocracy  ;  in  France  they  have  proved  to  Le  the  most  danger- 
ous enemies  of  that  class.  It  is  my  object  to  inquire,  whether, 
under  all  these  circumstances,  the  members  of  the  legal  profes- 
sion have  been  swayed  by  sudden  and  momentary  impulses  ;  or 
whether  they  have  been  impelled  by  principles  which  are  inhe- 
rent in  their  pursuits,  and  which  will  always  recur  in  history.  I 
am  incited  to  this  investigation  by  reflecting  that  this  particular 
class  of  men  will  most  likely  play  a  prominent  part  in  that  order 
of  things  to  which  the  events  of  our  time  are  giving  birth. 

Men  who  have  more  especially  devoted  themselves  to  legal 
pursuits,  derive  from  those  occupations  certain  habits  of  order, 
a  taste  for  formalities,  and  a  kind  of  instinctive  regard  for  the 
regular  connexion  of  ideas,  which  naturally  render  them  very 
hostile  to  the  revolutionary  spirit  and  the  unreflecting  passions 
of  the  multitude. 

The  special  informatiou  which  lawyers  derive  from  their  stu- 
dies, ensures  them  a  separate  station  in  society  ;  and  they  con- 
stitute a  sort  of  privileged  body  in  the  scale  of  intelligence. 
This  notion  of  their  superiority  perpetually  recurs  to  them  in  the 
practice  of  their  profession  :  they  are  the  masters  of  a  science 
which  is  necessary,  but  which  is  not  very  generally  known  :  they 
serve  as  arbiters  between  the  citizens  ;  and  the  habit  of  directing 
the  blind  passions  of  parties  in  litigation  to  their  purpose,  in- 
spires them  with  a  certain  contempt  for  the  judgment  of  the 
multitude.  To  this  it  may  be  added,  that  they  naturally  consti- 
tute a  body  ;  not  by  any  previous  understanding,  or  by  an  agree- 
ment which  directs  them  to  a  common  end ;  but  the  analogy  of 
their  studies  and  the  uniformity  of  their  proceedings  connect 
their  mind  together,  as  much  as  a  common  interest  would  com- 
bine their  endeavors. 


,-t 


255 

A  portion  of  the  tastes  and  c:  the  habits  of  the  aristocracy 
may  consequently  be  discovered  in  the  characters  of  men  in  the 
profession  of  the  law.  They  participate  in  the  same  instinctive 
love  of  order  and  of  formalities ;  and  they  entertain  the  same  repug- 
nance to  the  actions  of  the  multitude,  and  the  same  secret  con- 
tempt of  the  government  of  the  people.  I  do  not  mean  to  say 
that  the  natural  propensities  of  lawyers  are  sufiiciently  strong 
to  sway  them  irresistibly ;  for  they,  like  most  other  men,  are 
governed  by  their  private  interests  and  the  advantages  of  the 
moment. 

In  a  state  of  society  in  which  the  members  of  the  legal  pro- 
fession are  prevented  from  holding  that  rank  in  the  political 
world  which  they  enjoy  in  private  life,  we  may  rest  assured  that 
they  will  be  the  foremost  agents  of  revolution.  But  it  must  then 
be  inquired  whether  the  cause  which  induces  them  to  innovate 
and  to  destroy  is  accidental,  or  whether  it  belongs  to  some  last- 
ing purpose  which  they  entertain.  It  is  true  that  lawyers  mainly 
contributed  to  the  overthrow  of  the  French  Monarchy  in  1789; 
but  it  remains  to  be  secii  whether  they  acted  thus  because  they 
had  studied  the  laws,  or  because  they  were  prohibited  from  co- 
operating in  the  work  of  legislation. 

Five  hundred  years  ago  the  English  nobles  headed  the  peo- 
ple, and  spoke  in  its  name ;  at  the  present  time,  the  aristocracy 
supports  the  throne,  and  defends  the  royal  prerogative.  But 
aristocracy  has,  notwithstanding  this,  its  peculiar  instincts  and 
propensities.  We  must  be  careful  not  to  confound  isolated 
members  of  a  b(tdy  with  the  body  itself.  In  all  free  govern- 
ments, of  whatsoever  form  they  may  be,  members  of  the  legal 
profession  will  be  found  at  the  head  of  all  parties.  The  same 
remark  is  also  applicable  to  the  aristocracy  ;  for  almost  all  the 
democratic  convulsions  which  have  agitated  the  world  have  been 
directed  by  nobles. 

A  privileged  body  can  never  satisfy  the  ambition  of  all  its 
members ;  it  has  always  more  talents  and  more  passions  than  it 
can  find  places  to  content  and  to  employ  ;  so  that  a  considera- 
ble number  of  individuals  are  usually  to  be  met  with,  who  are 
inclined  to  attack  those  very  privileges,  which  they  find  it  im- 
possible to  turn  to  their  own  account. 

I  do  not,  then,  assert  that  all  the  members  of  the  legal  pro- 
fession are  at  all  times  the  friends  of  order,  and  the  opponents 
of  innovation,  but  merely  that  most  of  them  usually  are  so.  In 
a  community  in  which  lawyers  are  allowed  to  occupy,  without 
opposition,  that  high  station  which  naturally  belongs  to  them, 


1  ; 


H  ■■  i 


f! 


..     if  At 


'% 


«>  MIHM 

.  VM 

l: 


I 


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n 


256 


I 


i 


Ir- 


t       .     ^   I 


their  general  spirit  will  be  eminently  conservative  and  anti-demo- 
cratic. When  an  aristocracy  excludes  the  leaders  of  that  pro- 
fession from  its  ranks,  it  excites  enemies  which  are  the  more  for- 
midable to  its  security  as  they  are  indepeudent  of  the  nobility 
by  their  industrious  pursuits ;  and  they  feel  themselves  to  be  its 
equal  in  point  of  intellij^jence,  althoup;h  they  enjoy  less  opulence 
and  less  power.  But  whenever  an  aristocracy  consents  to  impart 
some  of  its  privileges  to  these  same  individuals,  the  two  classes 
coalesce  very  readily,  and  assume,  as  it  were,  the  consistency 
of  a  single  order  of  family  interests. 

I  am,  in  like  manner,  inclined  to  believe,  that  a  monarch  will 
always  be  able  to  convert  legal  practitioners  into  the  most  ser- 
viceable instruments  of  his  authority.  There  is  a  far  greater 
affinity  between  this  class  of  individuals  and  the  executive  power, 
than  there  is  between  them  and  the  people:  just  as  there  is  a 
greater  natural  affinity  between  the  nobles  and  the  monarch, 
than  between  the  nobles  and  the  people,  although  the  higher 
orders  of  society  have  occasionally  resisted  the  prerogative  of 
the  Crown  in  concert  with  the  lower  classes. 

Lawyers  are  attachetl  to  public  order  beyond  every  other  con- 
sideration, and  the  best  security  of  public  order  is  authority. 
It  must  not  be  forgotten,  that  if  they  prize  the  free  institutions 
of  their  country  much,  they  nevertheless  value  the  legality  of 
those  institutions  far  more :  tliey  are  less  afraid  of  tyranny  than 
of  arbitrary  power;  and  provided  that  the  legislature  take  upon 
itself  to  deprive  men  of  their  independence,  they  are  not  dissa- 
tisfied. 

I  am  therefore  convinced  that  the  prince  who,  in  presence  of 
an  encroaching  democracy,  should  endeavor  to  impair  die 
judicial  authority  in  his  dominions,  and  to  diminish  the  political 
influence  of  lawyers,  would  commit  a  great  mistake.  He  would 
let  slip  the  substance  of  authority  to  grasp  at  the  shadow.  He 
would  act  more  wisely  in  introducing  men  connected  with  the 
law  into  the  government ;  and  if  he  entrusted  them  with  the 
conduct  of  a  despotic  power,  bearing  some  marks  of  violence, 
that  power  would  most  likely  assume  the  external  features  of 
justice  and  of  legality  in  their  hands. 

The  government  of  democracy  is  fiivorable  to  the  political 
power  of  lawyers;  for  when  the  wealthy,  the  noble,  and  the 
prince  are  excluded  from  the  governm^Mt,  they  are  sure  to  oc- 
cupy the  highest  stations  in  their  own  right,  as  it  were,  since 
they  are  the  only  men  of  information  and  sagacity,  beyond  the 
sphere  of  the  people,  who  can  be  the  object  of  the  popular 


257 


sure  to  oc- 


choice.  If,  then,  they  are  led  by  their  tastes  to  combine  with 
the  aristocracy  and  to  support  the  Crown,  they  are  naturally 
broup;ht  into  contact  with  the  people  by  their  interests.  They 
like  the  p;overnment  of  democracy,  without  participating  in  its 
propensities  and  without  imitating  its  weaknesses ;  whence  they 
derive  a  twofold  authority,  from  it  and  over  it.  The  people  in 
democratic  states  docs  not  mistrust  the  members  of  the  legal 
profession,  because  it  is  well  known  that  they  are  interested  in 
serving  the  popular  cause ;  and  it  listens  to  tiiem  without  irrita- 
tion, because  it  does  not  attribute  to  them  any  sinister  designs. 
The  object  of  lawyers  is  not,  indeed,  to  overthrow  the  institu- 
tions of  democracy,  but  they  constantly  endeavor  to  gi^'e  it  an 
impulse  which  diverts  it  from  its  real  tendency,  by  means  which 
are  foreign  to  its  nature.  Lawyers  belong  to  the  people  by 
birth  and  interest,  to  the  aristocracy  by  habit  and  by  taste,  and 
they  may  be  looked  upon  as  the  natural  bond  and  connecting 
link  of  the  two  great  classes  of  society. 

The  profession  of  the  law  is  the  only  aristocratic  element  which 
can  be  amalgamated  without  violence  with  the  natural  elements 
of  democracy,  and  which  can  be  advantageously  and  permanent- 
ly combined  witli  them.  I  am  not  unacquainied  with  the  defects 
which  are  inherent  in  the  character  of  that  body  of  men  ;  but 
without  this  admixture  of  lawyer-like  sobriety  with  the  demo- 
cratic principle,  I  question  whether  democratic  institutions  coidd 
long  be  maintained  ;  and  I  caimot  believe  that  a  republic  could 
subsist  at  the  present  time,  if  the  influence  of  lawyers  in  public 
business  did  not  increase  in  proportion  to  the  power  of  the 
people. 

This  aristocratic  character,  which  I  hold  to  be  common  to  the 
legal  profession,  is  much  more  distinctly  marked  in  the  United 
States  and  in  England  tlian  in  any  other  country.  This  pro- 
ceeds not  only  from  the  legal  studies  of  the  Knglish  and  Ame- 
rican lawyers,  but  from  the  nature  of  tiie  legislation,  and  the 
position  which  those  persons  occupy,  in  the  two  eouutries.  The 
English  and  the  Americans  have  retained  the  law  of  precedents  ; 
that  is  to  say,  they  conthiue  to  found  their  legal  opinions  and  the 
decisions  of  their  courts  upon  the  opinions  and  decisions  of  their 
forefathers.  In  the  mind  of  an  English  or  American  law}  er,  a 
taste  and  a  reverence  for  what  is  old,  is  almost  always  united  to 
a  love  of  regular  and  lawful  proceedings. 

This  predisposition  has  another  eil'ect  upon  the  character  of 
the  legal  profession  and  upon  the  general  course  of  society. 
The  English  and  American  lawyers  investigate  what  has  been 
33 


I'  ijiai 

'im 


'ta^V-t^m 


>'  i\\m 

;::.s» 

:;f 

.  rm 

ii 

M 

'i' 

'■  %  ■ 

1     :     1 

;'^ 


!   i 


258 


If-** 
■I  *"  3 '' 

f  .♦  •  ■  i 


,T 


I 


.» 


iMt' 


to 

i  ; 

done ;  the  Fronrh  advocate  inqiiiros  what  should  have  been  done : 
the  former  jirodiiee  preredents ;  the  latter  reasons.  A  French 
observer  is  surprised  to  hear  how  often  an  Knt;lish  or  an  Ame- 
rican ]a\vver  c|Uotes  the  opinions  of  others,  and  how  little  he  al- 
ludes to  his  own  ;  whilst  the  reverse  occurs  in  France.  There, 
the  most  trifllui;'  litiu;ation  is  never  conducted  without  the  intro- 
duction of  an  entire  system  of  ideas  peculiar  to  the  counsel  em- 
ployed ;  and  the  finidamental  principles  of  law  are  discussed  iji 
order  to  obtain  a  perch  of  land  by  the  decision  of  the  court. 
This  abnep:atlon  of  his  own  opinion,  and  this  lm])ricit  deference 
to  the  o])inion  of  his  forefathers  which  are  connnon  to  the  Knii:lish 
and  American  lawyer,  this  subjection  of  thouirht  which  he  is 
obliged  to  jjrofess,  necessarily  pve  him  more  timid  habits  and 
more  slug'Uilsh  inclinations  in  England  and  America  than  in 
France. 

The  French  Codes  are  often  diUH-ult  of  comprehension,  but 
they  can  be  read  by  every  one  ;  nothing,  on  the  other  hand,  can 
be  more  impenetrable  to  the  uninitiated  than  a  legislation 
founded  u))on  precedents.  The  indispensable  want  of  legal 
assistance  which  is  felt  in  l^ngland  and  in  the  United  States,  aiul 
the  high  opinion  which  is  generally  entertained  of  the  ability  of 
the  legal  j)rofession,  tend  to  separate  it  more  and  more  from  the 
people,  and  to  ])lace  it  in  a  dlsthu't  class.  The  French  lawyer 
is  simply  a  man  extensively  acquainted  with  the  statutes  of  his 
country;  but  the  English  or  American  lawyer  resembles  the 
hieropliants  of  Egypt,  lor,  like  them,  he  is  the  sole  interpreter  of 
an  occult  science. 

The  station  which  lawyers  occupy  In  England  and  America, 
exercises  no  less  an  Inlhience  uj)on  their  habits  and  their  o|)iii- 
ions.  The  English  aristocracy,  which  has  taken  care  to  attract 
to  its  sphere  whatever  Is  at  all  analogous  to  itself,  has  confi'rred 
a  high  degree  of  imjiortancc  and  of  authority  upon  the  members 
of  the  legal  profession.  ]n  English  society  lawyers  do  not  oc- 
cupy the  first  rank,  but  they  are  contented  with  the  station 
assigned  to  them;  they  constitute,  as  it  wer<^  the  younger  brant-ii 
of  the  English  aristocracy,  and  they  are  attached  to  their  elder 
brothers,  although  they  do  not  enjoy  all  their  privileges.  The 
English  lawyers  consequently  mingle  the  tastes  and  the  ideas  of 
the  aristocratic  circles  in  which  they  move,  with  the  aristocratic 
interests  of  their  ])ro{l'ssl()n. 

And  indeed  the  lawyer-like  character  which  I  am  endeavoring 
to  depict,  is  most  distinctly  to  be  met  with  in  England  :  there, 
laws  are  esteemed  not  so  much  because  they  are  good,  as  be- 


269 


M 


in  done : 

French 
in  Ame- 
f  he  iil- 

Theiv, 
le  intro- 
nsel  em- 
•ussed  in 
le  court. 
Icfcrencc 

KnL!:lish 
ch  he  is 
ibits  and 

tlmn  in 

sion,  but 
liuid,  can 
•fiislation 

ol"  Ic^al 
[iitcs,  and 
ability  of 

from  tiie 
•h  lawyer 
tcs  of  his 
iibles  the 
•pretcr  of 

America, 
icir  opin- 
io attract 
conierred 
menilx'is 
o  not  CH- 
IC station 
cr  branch 
heir  elder 
es.  The 
e  ideas  of 
I'istocratic 

leavorincj 
d  :  there, 
)d,  as  be- 


canse  they  are  old  ;  and  if  it  be  necessary  to  niodily  them  in  any 
respect,  or  to  adapt  them  to  the  chanu;es  Mhich  time  operates 
in  society,  recourse  is  had  to  the  most  inconceivable  contrivances 
in  order  to  uj)hold  the  traditionary  fabric,  and  to  maintain  that 
nothinc,'  has  been  done  which  does  not  s([uare  with  the  intentions, 
and  complete  the  labors,  of  former  generations.  The  very  in- 
di^  iduals  who  con<liict  thes(^  chanties  disclaim  all  intention  of 
innovation,  and  they  had  ri'ther  resort  to  absurd  e.\i)edients  than 
plead  fi'uilty  to  so  ^reat  a  crime.  This  spirit  appertains  more 
es|)ecially  to  the  English  lawyers  ;  they  seem  iiuliU'erent  to  the 
real  meaninj^  of  what  they  treat,  and  they  direct  all  their  atten- 
tion to  the  letter,  seeminiu,'  incliiK.'d  to  infrin^,e  the  rules  of  com- 
mon sense  and  of  humanity,  radier  than  to  swerve  one  tittle 
ii'om  the  law.  The  KujU'lish  legislation  may  l)e  compared  to  the 
stock  of  an  old  tree,  upon  which  lawyers  have  engrafted  the 
most  various  shoots,  with  tlie  hope,  that  aUhouiih  their  fruits 
may  ditFer,  their  loliaj^e  at  least  will  be  confounded  with  the 
veneral)le  trunk  which  sup])orts  them  all. 

In  America  there  are  no  nobles  or  literary  men,  and  the  peo- 
})le  is  apt  to  mistrust  the  wealthy  ;  lawyers  consecpumtly  form 
the  hijj;^hest  political  class,  and  the  mo.>t  cultivated  circle  of  so- 
ciety. They  have  therefore  nothini^  to  f:;ain  by  innovation, 
which  adds  a  conservative  interest  to  their  natural  taste  for  pub- 
lic order.  ^11'  I  were  asked  where  1  place  the  American  aristo- 
cracy, I  should  reply  without  hesitation,  that  it  is  not  composed 
of  the  rich,  who  are  united  tofj^ether  by  no  connnon  tie,  but  that 
it  occu})ies  the  judicial  bench  and  die  bar.    <r 

The  more  we  rellect  uj)on  all  that  occurs  in  the  United  States, 
the  more  shall  we  be  persuaded  that  the  lawyers  as  a  body,  form 
the  most  powerful,  if  not  the  only  counterpoise  to  the  democra- 
tic element.  In  that  coiuitry  \\c  }K>rceive  how  eminently  the 
Icual  profession  is  qualified  by  its  powers,  and  even  by  its  de- 
licts, to  neetralize  the  vices  which  are  inherent  in  popular  gov- 
ernment. A\'hen  die  American  ])eopIe  is  intoxicated  by  ])assion, 
or  carried  away  by  the  impetuosity  of  its  ideas,  it  is  checked 
and  stopped  by  the  almost  hivisible  inlluence  of  its  leccal  coun- 
sellors, w  ho  secretly  oppose  their  aristocratic  propensities  to  its 
democratic  instincts,  their  superstitious  attachment  to  what  is 
antique  to  its  love  of  novelty,  their  narrow  views  to  its  innnense 
designs,  and  their  habitual  procrastination  to  its  ardent  impa- 
tience. 

The  courts  of  justice  are  the  most  visible  organs  by  which 
the  legal  profession  is  enabled  to  control  the  democracy.     The 


I  mm 


"I 


.  iniiH 

'II 


■  I- 


}''i  r. 


I 


K\ 


260 


,,  ^^  fc.  » 


1^* 

u~ 

• 

i 

•!••** 

l^  ^  1. 

^  •  11  .    i 

f  *  •    f 

»    • 

If- 

«Mr 


judf^e  is  a  lawyer,  who,  indcpcnflently  of  the  taste  for  rcpjiilarity 
arui  order  which  ho  has  contracted  in  die  study  of  loffislation, 
derives  an  adchtional  love  of  stability  from  his  own  inalienable 
functions.  His  ]ep:al  attaiiunents  have  already  raised  him  to  a 
distinguished  rank  anionifst  his  fcllow-citi/ens ;  his  political  power 
completes  the  distinction  of  his  station,  and  gives  him  the  incli- 
nations natural  to  privileji!;ed  classes. 

Armed  with  the  power  of  declarint?  the  laws  to  be  imconsti- 
tutional,*  the  American  magistrate  perpetually  interferes  in  po- 
litical affairs.  He  cannot  force  the  people  to  make  laws,  but  at 
least  he  can  oblige  it  not  to  disobey  its  own  enactments,  or  to 
act  inconsistently  with  its  own  principles.  I  am  aware  that  a 
secret  tendency  to  diminish  the  judicial  power  exists  in  the  United 
States  ;  and  by  most  of  the  Constitutions  of  the  several  States, 
the  Government  can,  upon  the  demand  of  the  two  Houses  of 
the  legislature,  remove  the  judges  from  their  station.  By  some 
other  constitutions  the  members  of  the  tribunals  are  elected,  and 
they  are  even  subjected  to  frequent  re-elections.  I  venture  to 
predict  that  these  innovations  will  sooner  or  later  be  attended 
with  fatal  consequences ;  and  that  it  will  be  found  out  at  some 
future  period,  that  the  attack  which  is  made  upon  the  judicial 
power  has  affected  the  democratic  republic  itself. 

It  must  not,  however,  be  supposed  that  the  legal  spirit  of 
which  I  have  been  speaking  has  been  confined,  in  the  United 
States,  to  the  courts  of  justice  ;  it  extends  far  beyond  them. 
As  the  lawyers  constitute  the  only  enlightened  class  which  the 
people  does  not  mistrust,  they  are  naturally  called  upon  to  occu- 
py most  of  the  public  stations.  They  fdl  the  legislative  assem- 
blies, and  they  conduct  the  administration ;  they  consequently 
exercise  a  powerful  influence  upon  the  formation  of  the  law,  and 
upon  its  execution.  The  lawyers  are,  however,  obliged  to  yield 
to  the  current  of  public  opinion,  which  is  too  strong  for  them  to 
resist  it ;  but  it  is  easy  to  find  indications  of  what  their  conduct 
would  be,  if  they  were  free  to  act  as  they  chose.  The  Ameri- 
cans, who  have  made  such  copious  innovations  in  their  political 
legislation,  have  introduced  very  sparing  alterations  in  their 
civil  laws,  and  that  with  great  difficulty,  although  those  laws 
are  frequently  repugnant  to  their  social  condition.  The  reason 
of  this  is,  that  in  matters  of  civil  law  die  majority  is  obliged  to 
defer  to  the  authority  of  the  legal  profession,  and  that  the  Ame- 
rican lawyers  are  disinclined  to  innovate  when  they  are  left  to 
their  own  choice. 

*  See  Chapti    VI.,  p.  78,  on  the  Judicial  Power  in  the  United  States. 


'261 


ifularity 
islation, 
lienable 
lim  to  a 
il  })ower 
le  iiicli- 

nconsti- 
i  in  po- 
5,  but  at 
its,  or  to 
•e  that  a 
[)  United 
1  States, 
houses  of 
By  some 
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nture  to 
attended 
at  some 
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id  tliem. 

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to  occu- 

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aw,  and 

to  yiehl 

them  to 
conduct 

Ameri- 
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in  their 
ose  laws 
le  reason 
bliged  to 
he  Ame- 
e  left  to 

tates. 


It  is  curious  for  a  Frenchman,  accustomed  to  a  very  diflcrent 
state  of  thinfi^s,  to  hear  the  p*  rpetiial  complaints  which  are  made 
in  the  United  States,  ap:ainst  tlie  stationary  propensities  of  legal 
men,  and  their  prejudices  in  favor  of  existing  institutions. 

The  influence  of  the  legal  habits  which  are  common  in  Ame- 
rica extends  beyond  the  limits  1  have  just  pointed  out.  Scarcely 
any  question  arises  in  the  United  States  which  does  not  become, 
sooner  or  later,  a  subject  of  judicial  debate  ;  hence  all  parties 
are  obliged  to  borrow  the  ideas,  and  even  the  language  usual 
in  judicial  proceedings,  in  their  daily  controversies.  As  most 
public  men  are,  or  have  been  legal  practitioners,  they  introduce 
the  customs  and  technicalities  of  their  profession  into  the  aflairs 
of  the  country.  The  jury  extends  this  habitude  to  all  classes. 
The  language  of  the  law  thus  becomes,  in  some  measure,  a  vul- 
gar tongue;  the  spirit  of  the  law,  which  is  produced  in  t'e 
schools  and  courts  of  justice,  gradually  penetrates  beyond  their 
walls  into  the  bosom  of  society,  where  it  descends  to  the  lovest 
classes,  so  that  the  whole  people  contracts  the  habits  and  the 
tastes  of  the  magistrate.  The  lawyers  of  the  United  States  form 
a  party  which  is  but  little  feared  and  scarcely  perceived,  which 
has  no  badge  peculiar  to  itself,  which  adapts  itself  with  great 
flexibility  to  the  exigencies  of  the  time,  and  accommodates  itself 
to  all  the  movements  of  the  social  body :  but  this  party  extends 
over  the  whole  community,  and  it  penetrates  into  all  classes  of 
society ;  it  acts  upon  the  country  imperceptibly,  but  it  finally 
fashions  it  to  suit  its  purposes. 


TRIAL    BY   JURY    IN   THE    UNITED    STATES   CONSIDERED    AS    A 
POLITICAL   INSTITUTION. 

Trial  by  Jury,  which  is  one  of  the  instruments  of  tlie  sovereignty  of  tiie  people, 
deserves  to  be  compared  with  the  other  laws  wliich  estaWish  thatsovoroigiity. — 
Composition  of  the  jury  in  the  United  States. — ElVect  of  trial  by  jury  upon 
the  national  character. — It  educates  the  people. — It  tends  to  estabiisli  the  au- 
thority of  the  magistrates  and  to  extend  a  knowledge  of  law  among  the  people. 

Since  I  have  been  led  by  my  subject  to  recur  to  the  adminis- 
traljon  of  justice  in  the  United  States,  I  will  not  pass  over  this 
point  without  adverting  to  the  institution  of  the  jury.  Trial  by 
jury  may  be  considered  in  two  separate  points  of  view  :  as  a  ju- 
dicial, and  as  a  political  institution.     If  it  entered  into  my  pres- 


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ent  purpose  to  inquire,  how  far  trial  by  jury  (more  especially  in 
civil  cases)  contributes  to  insure  the  best  administration  of  Justice, 
I  admit  that  its  utility  might  be  contested.  As  the  Jury  was 
first  introduced  at  a  time  when  society  was  in  an  uncivilized 
state,  and  when  courts  of  justice  were  nierely  called  upon  to  de- 
cide on  the  evidence  of  facts,  it  is  not  an  eas^'  task  to  adapt  it  to 
the  wfints  of  a  highly  civilized  community,  when  the  mutual  re- 
lations of  men  arc  multiplied  to  a  surprising  extent,  and  have 
assumed  the  enlightened  and  intellectual  character  of  the  age.* 

JNIy  present  object  is  to  consider  the  jury  as  a  j)olitical  institu- 
tion ;  and  any  other  course  wou.d  ilivert  me  from  my  subject. 
Of  trial  by  jury,  considered  as  a  judicial  institution,  I  shall  here 
say  but  very  few  words.  When  the  Eng^lish  adopted  trial  by 
jury  they  were  r<  semi-barbarous  people  ;  they  are  become,  in 
coiu'se  of  time,  one  of  the  most  enlightened  nations  of  the  earth  ; 
and  their  attachment  to  this  institution  seems  to  have  iiu'reased 
with  their  increasing  cultivation.  They  soon  spread  beyond 
their  insular  boundaries  to  every  corner  of  the  habitable  globe ; 
some  have  formed  colonies,  others  independent  States ;  the 
mother-country  has  maintained  its  nniarchical  constitution ; 
many  of  its  ollspring  have  founded  powerful  republics  ;  but 
wherever  the  English  have  been,  they  have  boasted  of  the  privi- 
lege of  trial  by  jury.f  They  have  established  it,  or  hastened  to 
re-establish  it  in  all  their  settlements.  A  judicial  institution 
which  obtains  the  su/1'rages  of  a  great  people  for  so  long  a  series  of 
ages,  Avhich  is  zealously  renewed  at  every  ejioch  of  civilization, 
in  all  the  climates  of  the  earth,  and  under  every  form  of  lunuan 
government,  camu)t  be  contrary  to  the  spirit  oijustice.| 

*  The  investigation  of  trial  by  jury  as  a  judicial  institution,  and  tiio  appre.^I.. 
tion  of  its  elFects  in  the  United  States,  toirnlher  with  liie  advantajies  tiie  Ameri- 
cans have  derived  from  it,  woidd  sulliee  to  form  a  hooit,  and  a  book  iippii  a  very 
useful  and  curious  subject.  Tiie  State  of  Louisiana  would  in  particular  alford 
tiie  curious  piiamomenon  of  a  French  and  Ijighsh  legislation,  as  well  as  a  Frcnicii 
and  i'.nglish  popnialion,  whicii  are  gradually  combining  with  each  other.  See 
t!)e  '  Digeste  des  Lois  de  la  Louisianc,'  in  two  volumes;  and  the  ■  Traite  snr  Its 
Kegles  des  Actions  civiles,'  printed  in  French  and  English  at  i\cw  Orleans  in 

t  All  the  English  and  American  jurists  are  nnanim'ous  upon  this  head.  Mr. 
Story,  Judge  of  the  Supreme  CoiU't  of  the  United  .States,  speaks,  in  iiis  Treatise 
on  the  Federal  Consliintion,  of  the  advantages  of  trial  by  jnry  in  civil  cases: 
"The  inestimable  privilege  of  a  trial  by  jury  in  civil  cases — a  privilege  scarcely 
inferior  to  that  in  criminal  cases,  which  is  counted  by  all  persons  to  be  essenliai 
to  political  and  civil  liberty...."  (Story  book  iii.  eh.  xx.wiii.) 

t  If  it  were  our  province  to  |(oint  out  the  utility  of  the  jury  as  a  judicial  insti- 
tution in  this  place,  much  might  be  said,  and  the  followini;  arguments  might  be 
brought  forward  amongst  others : 

By  introducing  the  jury  into  the  business  of  the  courts  you  are  enabled  to  di- 
niimsh  the  number  of  judges ;  which  is  a  very  great  adviiatage.     When  judges 


m 


263 


I! 


I  turn,  however,  from  this  part  of  the  subject.  To  look  upon 
the  jury  as  a  mere  judicial  institution,  is  to  confine  our  atten- 
tion to  a  very  narrow  view  of  it ;  for,  however  great  its  influ- 
ence may  be  upon  the  decisions  of  the  law-courts,  that  influ- 
ence is  very  subordinate  to  the  powerful  eflects  which  it  produces 
on  the  destinies  of  the  community  at  large.  The  jury  is  above 
all  a  political  institution,  and  it  must  be  regarded  in  this  light 
in  order  to  be  duly  appreciated. 

By  the  jury,  I  mean  a  certain  number  of  citizens  chosen 
indiscriminately,  and  invested  with  a  temporary  right  of  judg- 
ing. Trial  by  jury,  as  applied  to  the  repression  of  crime, 
appears  to  me  to  introduce  an  eminently  republican  element 
into  the  Government,  upon  the  following  grounds  : 

The  institution  of  the  jury  may  be  aristocratic  or  democratic, 
accordingly  to  the  class  of  society  from  which  the  jurors  are  se- 
lected ;  but  it  always  preserves  its  republican  character,  in  as 
much  as  it  places  the  real  direction  of  society  in  the  hands  of 
the  governed,  or  of  a  portion  of  the  governed,  instead  of  leav- 
ing it  under  the  authority  of  the  Government.  Force  is  never 
more  than  a  transient  element  of  success  ;  and  after  force  comes 
the  notion  of  ritiht.  A  Government  which  siionld  only  be  able 
to  crush  its  enemies  upon  a  field  of  battle,  would  very  soon 
be  destroyed.  The  true  sanction  of  political  laws  is  to  be 
foiMid  in  penal  lei>:islation,  and  if  ihat  sanction  be  wanting,  the 
law  will  sooner  or  later  lose  its  cogency.     He  who  punishes 

are  very  jiiiiuorniis,  tlpiith  is  perpetually  lliiiining  tlic  ranks  of  the  judicial  fiinc- 
lioniirics,  and  layinjr  placi's  vacant  for  new  coiners.  Tiie  ambition  of  the  nian:is- 
trates  is  tliereforo  continually  excited,  and  tiicy  are  natm-ally  niade  dependent 
upon  the  wdl  of  the  inajoritv,  or  the  individual  who  tills  ii))  vacant  appointments: 
the  ollicers  of  the  courts  tlien  rise  like  the  oilicers  of  an  army.  This  state  of 
thiniis  is  entirelv  contrary  to  the  sound  adiinnistration  of  justice,  and  to  the  inten- 
tions of  the  le:,'islator.  The  ollice  of  a  jiidfre  is  made  inalienahlo  in  order  that  he 
may  remain  independent;  hut  of  what  advantage  is  it  that  his  independence 
slio  lid  hi\  protected,  if  he  he  tempted  to  sacrifice  it  of  his  own  accord  /  When 
judijes  are  very  numerous,  many  of  them  nmst  necessarily  be  incapable  of  per- 
foriiiiiis;  their  important  duties;  for  a  creat  nngistrate  is  a  man  of  no  common 
])owers:  and  I  am  iiK  iined  to  belicive  that  a  halfenliifhtoned  trilmiial  is  the  wors^t 
of  all  instruments  for  attaining  those  objects  which  it  is  the  purpose  of  courts  of 
justice  to  accomplish.  Tor  my  own  part,  1  liad  rather  submit  the  decision  of  a 
ciise  to  i>;iiorant  jurors  directed  by  a  skillful  judi'e,  than  to  jiidjres,  a  majority  of 
whom  are  imperiectly  acqii  inted  with  jurisprudence!  and  with  the  laws. 

[I  venture  to  remiiid  the  reader,  lest  this  note  should  appear  somewhat  redtin- 
diiut  to  ail  Kiiijlish  eye,  that  the  jury  is  an  iii-aitntion  which  has  only  been  natii- 
rjili/.fil  111  Trance  witliin  the  present  century;  that  it  is  even  now  exclusively  ap- 
])lied  In  those  criminal  causes  which  come  before  the  Courts  of  Assize,  or  to  the 
])rosecutions  of  the  public  press;  and  that  the  judges  and  coimsellors  of  the  nu- 
merous local  trihiin  lis  of  France— form ing  a  body  of  many  thousand  judicial 
functionaries— try  all  civil  causes,  appeals  from  criuuual  causes,  and  minor  of- 
fences, without  the  jury.— Translator's  Note.'} 


'31 

•  H.lW* 

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infractions  of  the  law,  is  therefore  the  real  master  of  society. 
Now,  the  institution  of  the  jury  raises  the  people  itself,  or  at 
least  a  class  of  citizens,  to  the  bench  of  judicial  authority. 
The  institution  of  the  jury  consequently  invests  the  people,  or 
that  class  of  citizens,  with  the  direction  of  society.* 

In  England  the  jury  is  returned  from  the  aristocratic  portion 
of  the  nation!  ;  the  aristocracy  makes  the  laws,  applies  the 
laws,  and  punishes  all  infractions  of  the  laws ;  everything  is 
established  upon  a  consistent  footing,  and  England  may  with 
truth  be  said  to  constitute  an  aristocratic  republic.  In  the 
United  States  the  same  system  is  applied  to  the  whole  people. 
Every  American  citizen  is  qualified  to  be  an  elector,  a  juror, 
and  is  eligible  to  office. |  The  system  of  the  jury,  as  it  is  un- 
derstood in  America,  appears  to  me  to  be  as  direct  and  as  ex- 
treme a  consequence  of  the  sovereignty  of  the  people,  as  uni- 
versal suffrage.  These  institutions  are  two  instruments  of  equal 
power,  which  contribute  to  the  supremacy  of  the  majority.  All 
the  sovereigns  who  have  chosen  to  govern  by  their  own  au- 
thority, and  to  direct  society  instead  of  obeying  its  direction, 
have  destroyed  or  enfeebled  the  institution  of  the  jury.  The 
monarchs  of  the  House  of  Tudor  sent  to  prison  jurors  who 
refused  to  convict,  and  Napoleon  caused  them  to  be  returned 
by  his  agents. 

However  clear  most  of  these  truths  may  seem  to  be,  they  do 
not  command  universal  assent,  and  in  France,  at  least,  the  in- 
stitution of  trial  by  jury  is  still  very  imperfectly  understood. 
If  the  question  arise  as  to  the  proper  qualification  of  jurors,  it 
is  conflned  to  a  discussion  of  the  intelligence  and  knowledge  of 

*  An  important  remark  must  however  be  made.  Trial  by  jury  does  unques- 
tionably  invest  the  people  with  a  general  control  over  the  actions  of  citizens,  but 
it  does  not  furnish  means  of  exercising  this  control  in  all  cases,  or  with  an  abso- 
lute authority.  When  an  absolute  monarch  has  the  righ*  of  trying  offences  by 
his  representatives,  the  fate  of  the  prisoner  is,  as  it  were,  decided  beforehand. 
But  even  if  the  people  were  predisposed  to  convict,  the  composition  and  the  non- 
responsibility  of  the  jury,  would  still  afford  some  chances  favorable  to  the  protec- 
tion of  innocence. 

f  [In  Trance,  the  qualification  of  the  jurors  is  the  same  as  the  electoral  quali- 
fication, namely,  the  payment  of  200  francs  per  annum  in  direct  taxes:  they  are 
chosen  by  lot.  In  England,  they  are  returned  by  the  sheriff;  the  qualifications  of 
jurors  were  raised  to  10/.  per  annum  in  Kngland,  and  &.  in  Wales,  of  freehold 
lands  or  copyhold,  by  the  statute  W.  and  M.,  c.  24 :  leaseholders  for  a  time  deter- 
minable upon  life  or  lives,  of  the  clear  yearly  value  of  20/.  per  annum  over  and 
above  the  rent  reserved,  are  qualified  to  serve  on  juries;  and  jurors  in  the  courts 
of  Westminster  and  City  of  London  must  be  householders,  and  possessed  of  re;il 
and  personal  estate  of  the  value  of  100/.  The  qualifications,  however,  prescribed 
in  different  statutes  vary  according  to  the  object  for  which  the  jury  iaiiupannelled. 
See  Blackstone's  CommentaricB,  b.  iii.  c.  2'i, — Translators  Note.} 

t  See  Appendix,  G. 


'■• .  ■{  I 


1  ■•  1 


265 


the  citizens  who  may  be  returned,  as  if  the  jury  was  merely  a 
judicial  institution.  This  appears  to  me  to  be  the  least  part  of 
the  subject.  The  jury  is  pre-eminently  a  political  institution ; 
it  must  be  regarded  as  one  form  of  the  sovereignty  of  the  peo- 
ple ;  when  that  sovereignty  is  repudiated,  it  must  be  rejected  ; 
or  it  must  be  adapted  to  the  laws  by  which  that  sovereignty  is 
established.  The  jury  is  that  portion  of  the  Jiation  to  which 
the  execution  of  the  laws  is  entrusted,  as  the  Houses  of  Par- 
liament constitute  that  part  of  tiie  nation  which  makes  the  laws  ; 
and  in  order  that  society  may  be  governed  with  consistency 
and  uniformity,  the  list  of  citizens  qualilied  to  serve  on  juries 
must  increase  and  diminish  with  the  list  of  electors.  This  I 
hold  to  be  the  point  of  view  most  worthy  of  the  attention  of 
the  legislator  ;  and  all  that  remains  is  merely  accessory. 

I  am  so  entirely  convinced  that  the  jury  is  pre-eminently  a 
political  ii.stitution,  that  I  still  consider  it  in  this  light  when  it 
is  applied  in  civil  causes.  Laws  are  always  unstable  unless 
they  are  founded  upon  the  manners  of  a  nation  :  manners  are 
the  only  durable  and  resisting  power  in  a  people.  When  the 
jury  is  reserved  for  criminal  oflences,  the  people  only  witnesses 
its  occasional  action  in  certain  particular  cases ;  the  ordinary 
course  of  life  goes  on  without  its  interference,  and  it  is  consi- 
dered as  an  instrument,  but  not  as  the  only  instrument,  of  ob- 
taining justice.  'rh\s  IS  truQ  a  fortiori  when  the  jury  is  only 
applied  to  certain  criminal  causes. 

When,  on  the  contrary,  the  influence  of  the  jury  is  extended 
to  civil  causes,  its  application  is  constantly  palpable  ;  it  affects 
all  the  interests  of  the  community  ;  every  one  co-opei  ates  in 
its  work  :  it  thus  penetrates  into  all  the  usages  of  life,  it  fash- 
ions the  human  mind  to  its  peculiar  forms,  and  is  gradually 
associated  with  the  idea  of  justice  itself. 

The  institution  of  the  jury,  if  confmed  to  criminal  causes, 
is  always  in  danger ;  but  w  hen  once  it  is  introduced  into  civil 
proceedings,  it  defies  the  aggressions  of  time  and  of  man.  If 
it  had  been  as  easy  to  remove  the  jury  from  the  manners  as 
from  the  laws  of  England,  it  would  have  perished  under  Henry 
VIII.  and  Elizabeth ;  and  the  civil  jury  did  in  reality,  at  that 
period,  save  tne  liberties  of  the  country.  In  whatever  manner 
the  jury  be  applied,  it  cannot  fail  to  exercise  a  powerful  influ- 
ence upon  the  national  character;  but  this  influence  is  prodi- 
giously increased  when  it  is  introduced  into  civil  causes.  The 
jury,  and  more  especially  the  civil  jury,  serves  to  communicate 
the  spirit  of  the  judges  to  the  minds  of  all  the  citizens  ;  and  this 
34 


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spirit,  with  the  habits  which  attend  it,  Is  the  soundest  prepara- 
tion for  free  institutions.  It  imbues  all  classes  with  a  respect 
for  the  thing-  judged,  and  with  the  notion  of  right.  If  these 
two  elements  be  removed,  the  love  of  independence  is  reduced 
to  a  mere  destructive  passion.  It  teaches  men  to  practise 
equity ;  evevy  man  learns  to  judge  his  neighbor  as  he  would 
himself  be  judged  :  and  this  is  especially  true  of  the  jury  in 
civil  causes  ;  for,  whilst  the  number  of  persons  who  have  reas- 
on to  apprehend  a  criminal  prosecution  is  small,  every  one  is 
liable  to  have  a  civil  action  brought  against  him.  The  jury 
teaches  every  man  not  to  recoil  before  the  responsibility  of  his 
own  actions,  and  impresses  him  with  that  manly  confidence 
without  which  political  virtue  cannot  exist.  It  invests  each 
citizen  with  a  kind  of  magistracy ;  it  makes  them  all  feel  the 
duties  which  they  are  bound  to  discharge  towards  society  ;  and 
the  part  which  they  take  in  the  Government.  By  obliging  men 
to  turn  their  attention  to  aflairs  which  are  not  exclusively  their 
own,  it  rubs  ofi'  that  individual  egotism  which  is  the  rust  of 
society. 

The  jury  contributes  most  powerfully  to  form  the  judgment, 
and  to  increase  the  natural  intelligence  of  a  people  ;  and  this 
is,  in  my  opinion,  its  greatest  advantage.  It  may  be  regarded 
as  a  gratuitous  public  school  ever  open,  in  which  every  juror 
learns  to  exercise  his  rights,  enters  into  daily  communication 
with  the  most  learned  and  enlightened  menibers  of  the  upper 
classes,  and  becomes  practically  acquainted  with  the  laws  of 
his  country,  which  are  brought  within  the  reach  of  his  capacity 
by  the  eflbrts  of  the  bar,  the  advice  of  the  judge,  and  even  by 
the  passions  of  the  parties.  I  think  that  the  practical  intelli- 
gence and  political  good  sense  of  the  Americans  are  mainly 
attributable  to  the  long  use  which  they  have  made  of  the  jury 
in  civil  causes. 

I  do  not  know  whether  the  jury  is  useful  to  those  who  are  in 
litigation  ;  but  I  am  certain  it  is  highly  beneficial  to  those  who 
decide  the  litigation  :  and  I  look  upon  it  as  one  of  the  most 
efficacious  means  for  the  education  of  the  people,  which  society 
can  employ. 

What  I  have  hitherto  said  applies  to  all  nations ;  but  the  re- 
mark I  am  now  about  to  make  is  peculiar  to  the  Americans  and 
to  democratic  peoples.  I  have  already  observed  that  in  demo- 
cracies the  members  of  the  legal  profession,  and  the  magistrates, 
constitute  the  only  aristocratic  body  which  car  check  the  irre- 
gularities of  the  people.     This  aristocracy  is  invested  with  no 


267 


physical  power  ;  but  it  exercises  its  conservative  influence  upon 
the  minds  of  men  :  and  the  most  abundant  source  of  its  autho- 
rity is  the  institution  of  the  civil  jury.  In  criminal  causes, 
when  society  is  armed  against  a  single  individual,  the  jury  is 
apt  to  look  upon  the  judge  as  the  passive  instrument  of  social 
power,  and  to  mistrust  his  advice.  Moreover,  criminal  causes 
are  entirely  founded  upon  the  evidence  of  facts  which  common 
sense  can  readily  appreciate  ;  upon  this  ground  the  judge  and 
the  jury  are  equal.  Such,  however,  is  not  the  case  in  civil 
causes;  then  the  judge  appears  as  a  disinterested  arbiter  be- 
tween the  conflicting  passions  of  the  parties.  The  jurors  look 
up  to  him  with  confidence,  and  listen  to  him  with  respect,  for 
in  this  instance  their  intelligence  is  completely  under  the  con- 
trol of  his  learning.  It  is  the  judge  who  sums  up  the  various 
arguments  with  which  their  memory  has  been  wearied  out,  and 
who  guides  them  through  the  devious  course  of  the  proceed- 
ings ;  he  points  their  alleution  to  the  exact  question  of  fact, 
which  they  are  called  upon  to  solve,  and  he  puts  the  answer  to 
the  question  of  law  into  their  mouths.  His  influence  upon  their 
verdict  is  almost  unlimited. 

If  I  am  called  upon  to  explain  why  I  am  but  little  moved  by 
the  arguments  dcrivi'd  from  tho  igiioriuire  of  jurors  in  civil 
causes,  1  rej)ly,  that  in  these  ])roreediiigs,  whenever  the  question 
to  be  solved  is  not  a  mere  question  of  fact,  the  jury  has  only  the 
semblance  of  a  judicial  body.  The  jury  sanctions  the  decision 
of  the  judge  ;  th(»v,  by  the  authority  of  society  which  they  repre- 
sent, and  he,  by  that  of  reason  and  of  law.* 

In  England  and  in  America  the  judges  exercise  an  influence 
upon  criminal  trials  which  the  French  judges  have  never  pos- 
sessed. 'J'he  reason  of  this  dlflcrence  may  easily  be  discovered; 
the  iMialish  and  American  magistrates  estal)llsh  their  authority 
in  civil  causes,  and  only  transfer  it  afterwards  to  tribunals  of 
another  kind,  where  that  authority  was  not  acquired.  In  some 
cases  (and  they  are  frecjuently  the  most  important  ones,)  the 
American  judges  have  the  right  of  deciding  causes,  alone. f 
Upon  these  occasions  they  are,  accidentally,  })laced  in  the  posi- 
tion which  the  French  judiici.  habitually  occupy:  but  diey  are 
still  surrounded  by  the  reminiscence  of  the  jury,  and  their  judg- 
ment has  almost  as  much  authority  as  the  voice  of  the  commu- 
nity at  large,  represented  by  that  institution.     Their  influence 


'.i, 


:9 


1 


"  n 


■^\ 


*  See  Appenflix,  R, 

t  The  Fedenil  Judges  decide  upou  their  own  authority  almost  all  the  questions 
most  important  to  tho  country. 


I 


■i.i 


ill 


■i' 


|;V«'4I:  111 

Jet ::. 

1^  n  ^ 


268 

extends  beyond  the  limits  of  the  Courts;  in  the  recreations  of 
private  life  as  well  as  in  the  turmoil  of  public  business,  abroad 
and  in  the  legislative  assemblies,  the  American  Judge  is  con- 
stantly surroiuided  by  men  who  are  accustomed  to  regard  his 
intelligence  as  superior  to  their  own  ;  and  after  having  exercised 
his  power  in  the  decision  of  causes,  he  continues  to  influence 
the  habits  of  thought,  and  the  characters  of  the  individuals  who 
took  a  part  in  his  judgment. 

The  jury,  then,  which  seems  to  restrict  the  rights  of  magis- 
tracy, does  in  reality  consolidate  its  power ;  and  in  no  country 
are  the  Judges  so  powerful  as  there,  where  the  people  partakes 
their  privileges.  It  is  more  especially  by  means  of  the  Jury  in 
civil  causes  that  the  American  magistrates  imbue  all  classes  of 
society  with  the  spirit  of  their  profession.  Thus  the  Jury,  which 
is  the  most  energetic  means  of  making  the  people  rule,  is  also 
the  most  efficacious  means  of  teaching  it  to  rule  well. 


ii 
f  '•♦, 

if  ■ 
l'     ■' 

il 


CHAPTER  XVII. 

PRINCIPAL  CAUSES  WHICH  TEND  TO  MAINTAIN  THE  DEMOCRA- 
TIC REPUBLIC  IN  THE  UNITED  STATES. 

A  DEMOCRATIC  republic  subsists  in  the  United  States ;  and  the 
principal  object  of  this  book  hr.s  been  to  account  for  the  fact  of 
its  existence.  Several  of  the  causes  which  contribute  to  main- 
tain the  institutions  of  America,  have  been  voluntarily  passed 
by,  or  only  hinted  at,  as  I  was  borne  along  by  my  subject. 
Others  I  have  been  unable  to  discuss  ;  and  those  on  which  I 
have  dwelt  most  are,  as  it  were,  buried  in  the  details  of  the 
former  part  of  this  work. 

I  think,  therefore,  that  before  I  proceed  to  speak  of  the  future, 
I  cannot  do  better  than  collect  within  a  small  compass  the  reas- 
ons which  best  explain  the  present.     In  this  retrospective  chap- 


269 


tions  of 
abroad 
is  con- 
^ard  his 
xercised 
[ifluence 
lals  who 

'  magis- 
country 
partakes 

Jury  in 
lasses  of 
y,  which 
e,  is  also 


ter  I  shall  be  succinct ;  for  I  shall  take  care  to  remind  the  reader 
very  summarily  of  what  he  already  knows ;  and  I  shall  only 
select  the  most  prominent  of  those  facts  which  I  have  not  yet 
pointed  out. 

All  the  causes  which  contribute  to  the  maintenance  of  the 
democratic  republic  in  the  United  States  are  reducible  to  three 
heads : 

I.  The  peculiar  and  accidental  situation  in  which  Providence 
has  placed  the  Americans. 

II.  The  laws. 

III.  The  manners  and  customs  of  the  people. 


mm 


EMOCRA- 


;  and  the 
le  fact  of 
to  main- 
y  passed 

subject. 

wliich  I 
s  of  the 

le  future, 
the  reas- 
ive  chap- 


ACCIDENTAL    OR    PROVIDEXTIAL    CAUSES    WHICH   CONTRIBUTE 

TO  THE  MAIXTENAXCE  OP  THE  DEMOCRATIC  REPUBLIC  IN 

THE  UNITED  STATES. 

The  Union  has  no  neiglibors  — No  Metropolia. — The  Americans  have  had  the 
chances  of  birth  in  their  favor. — America  an  empty  country. — How  this  cir- 
cumstance contributes  powerfully  to  the  maintenance  of  the  democratic  re- 
public in  America. —  How  the  American  wilds  are  peopled. — Avidity  of  the 
Anglo-Americans  in  taking  possession  of  the  solitudes  of  the  New  VVorld. — 
Influence  of  physical  prosperity  upon  the  political  opinions  of  the  Americans. 

A  THOUSAND  circumstances,  independent  of  the  will  of  man, 
concur  to  facilitate  the  maintenance  of  a  democratic  republic  in 
the  [  nited  States.  Some  of  these  peculiarities  are  known,  the 
othors  may  easily  be  pointed  out ;  but  I  shall  confine  myself  to 
tiie  most  prominent  anionp:st  thcni. 

The  Americans  have  no  neighbors,  and  consequently  they 
have  no  e;reat  wars,  or  financial  crisis,  or  inroads,  or  conquest 
to  dread ;  they  require  neither  great  taxes,  nor  great  armies, 
nor  great  generals  ;  and  they  ha^  e  nothing  to  fear  from  a  scourge, 
which  is  more  formidable  to  republics  than  ail  these  evils  com- 
bined, namely,  military  glory.  It  is  impossible  to  deny  the  in- 
conceivable influence  which  military  glory  exercises  upon  the 
spirit  of  a  nation.  General  Jackson,  whom  the  Americans  have 
twice  elected  to  be  the  head  of  their  Government,  is  a  man  of  a 
violent  temper  and  mediocre  talents ;  no  one  circumstance  in 
the  whole  course  of  his  career  ever  proved  that  he  is  qualified 


illlMI 

»«.|# 

m 

1: 


>v  i 


270 


I 


.T 


il 


ki, 


^mM^^ 


iMIt- 


to  govern  a  free  people ;  and  indeed  the  majority  of  the  enlipjht- 
ened  chisscs  of  tiie  Union  has  ahvays  been  opposed  to  him. 
But  lie  was  raised  to  the  Presidency,  and  has  been  maintained 
in  that  lolty  station,  solely  by  the  recollection  of  a  victory  which 
he  Grained,  twenty  3ears  aa^o,  under  the  walls  of  New  Orleans  ; 
a  victory  which  was,  however,  a  very  ordinary  achievement,  and 
which  could  oidy  bo  remcmhercd  in  a  country  where  battles  are 
rare.  Now  the  people  who  is  thus  carried  away  by  the  illusions 
of  glory,  is  unquestionably  the  most  cold  and  calculating,  the 
most  unmilitary  (if  I  may  use  the  expression,)  and  the  most  pro- 
saic of  all  the  peoples  of  the  earth. 

America  has  no  great  capital*  city,  whose  influence  is  directly 
or  indirectly  felt  over  the  whole  extent  of  the  country,  which  I 
hold  to  beoneof  tlie  first  causes  of  the  maintenance  of  republi- 
can institutions  in  the  United  States.  In  cities,  men  cannot  be 
prevented  from  concerting  togethtr,  aiid  from  awakening  a 
mutual  excitement  which  prompts  Siidden  and  passionate  reso- 
lutions. Cities  may  be  looked  upon  as  large  assemblies,  of 
which  all  the  inhabitants  arc  members  •  their  populace  exercises 
a  prodigous  influence  upon  the  magistrates,  and  frequently 
executes  its  own  wishes  without  their  intervention. 

To  subject  the  provinces  to  the  metropolis,  is  therefore  not 
only  to  place  the  destiny  of  the  empire  in  the  hands  of  a  portion 
of  the  community,  which  may  be  reprobated  as  unjust,  but  to 
place  it  in  the  hands  of  a  populace  acting  under  its  own  impidscs, 
which  must  be  avoided  as  dangerous.     The  preponderance  of 

*  The  United  States  have  no  metropolis;  but  they  already  contain  several  very 
large  cities.  Philadelphia  reckoned  ItU.OOO  inliabilants,  and  New  York  2()ti,0(J(), 
in  the  year  1830.  The  lower  nrdcr«  whifhinhahit  thc^e  cities  constitute  a  rab- 
ble even  more  formidable  than  the  popniace  of  EuronwR  towns.  They  consist 
of  freed  Blacks  in  the  first  place,  who  are  condomiUMl  by  the  laws  and  by  public 
opinion,  to  an  hereditary  state  of  misery  and  degradation.  They  also  contain  a 
iindtiiiide  of  Eiirojieans  who  have  been  driven  to  the  shores  of  the  New  World 
by  their  misfortunes  or  their  Kiiscnndiicl;  and  these  men  inoculate  the  United 
States  with  all  our  vices,  without  bringing  with  them  any  of  those  interests  which 
counteract  their  baneful  influence.  As  iidiabitants  of  a  country  whiire  they  have 
no  civil  rights,  ihey  are  ready  to  turn  all  the  ])iissions  which  agitate  the  commu- 
nity to  their  own  advan(nge  ;  ttuis,  within  ihe  last  lew  months  serious  riots  have 
broken  out  in  Philadelphia  and  in  New  Vork.  Disturbances  of  this  kind  are  un- 
known in  the  rest  of  the  country,  which  is  nowise  alarmed  by  them,  because  the 
population  of  the  cities  lias  hitherto  exercised  neither  power  nor  influence  over 
the  rural  districts. 

Nevertheless,  I  look  upon  the  size  of  certain  American  cities,  and  especially 
on  the  nature  of  their  population,  as  a  real  danger  which  threatens  the  fuliirc 
security  of  the  democratic  republics  of  the  New  World  ;  and  I  venture  to  pre- 
dict that  they  will  perish  from  this  circumstance,  unless  the  Governnu  nt  succeeds 
in  creating  uu  armed  force,  which,  whilst  it  remains  under  the  control  of  the  ma- 
jority of  the  nation,  will  be  indepeudeut  of  tlie  town  population,  and  able  to  re- 
press its  ejtcesses. 


271 


1      I 


capital  cities  is  therefore  a  serious  blow  upon  the  representative 
system  ;  and  it  exposes  modern  republics  to  ihe  same  defect  as 
the  republics  of  antiquity,  uhich  all  perished  from  not  having 
been  acquainted  with  that  form  of  government. 

It  would  be  easy  for  me  to  adduce  a  great  number  of  second- 
ary causes  which  have  contributed  to  e.stabii>l),  and  which  con- 
cur to  maintain  the  democratic  republic  of  the  United  Slates, 
But  1  discern  two  principal  circumstances  amongst  these  favor- 
able elements,  which  1  hasten  to  point  out.  1  have  already 
observed  that  the  origin  of  the  American  settlements  may  be 
looked  upon  as  the  first  and  most  eflicacious  cause,  to  which 
the  present  prosperity  of  the  United  States  may  be  attributed. 
The  Americans  had  the  chances  of  birth  in  their  favor  ;  and 
their  forefathers  imported  that  equality  of  conditions  into  the 
country,  whence  the  democratic  republic  has  very  naturally 
taken  its  rise.  i\or  was  this  all  they  did  ;  for  besides  this  re- 
publican condition  of  society,  the  early  settlers  bequeathed  to 
their  descendants  those  customs,  manners  and  opinions  which 
contribute  most  to  the  success  of  a  republican  form  of  govern- 
ment. When  I  rellcct  upon  the  consequences  of  this  primary 
circumstance,  methinks  1  see  the  destiny  of  America  embodied 
in  the  first  Puritan  who  landed  on  those  shores,  just  as  the 
human  race  was  reprcseiUed  by  the  fust  man. 

The  chief  circumstance  which  has  favored  the  establishment 
and  the  maintenance  of  a  democratic  republic  in  the  United 
States,  is  the  nature  of  the  territory  which  the  Americans  inha- 
bit. Their  ancestors  gave  them  the  love  of  equality  and  of 
freedom  :  but  God  himself  gave  them  the  means  of  remaining 
equal  and  free,  by  placing  them  upon  a  boundless  continent, 
which  is  open  to  their  exertions.  General  prosperity  is  favor- 
able to  the  stability  of  all  governments,  but  more  particularly 
of  a  democratic  constitution,  which  depends  upon  the  disposi- 
tions of  the  majority,  and  more  particularly  of  that  portion  of 
tlve  community  which  is  most  exposed  to  feel  the  pressure  of 
want.  When  the  people  rules,  it  must  be  rendered  happy,  or 
it  will  overturn  the  state  :  and  misery  is  apt  to  stimulate  it  to 
those  excesses  to  which  ambition  rouses  kings.  The  physical 
causes,  independent  of  the  laws,  which  contribute  to  promote 
general  prosperity,  are  more  numerous  in  America  than  they 
have  ever  been  in  any  other  country  in  the  world,  at  any  other 
period  of  history.  In  the  United  Slates,  not  only  is  legislation 
democratic,  but  Nature  herself  favors  the  cause  of  the  people. 

In  what  part  of  human  tradition  can  be  found  anything  at  all 


w 


II  Mi 

»1Ml 


'^9 


M:«wj|i 


tlllW 


:.3» 
'i 


t  ; 


I  ! 


273 


•••«♦, 


I  I 


tt « 


I 


f 


4tft:' 


similar  to  tliat  which  is  occurring-  under  our  eyes  in  North 
America?  The  celebrated  commiinilies  of  anlir]uity  were  all 
fo.inded  in  the  midst  of  hostile  nations,  which  they  were  obliged 
to  siihjiiRate,  before  they  could  flourish  in  their  ()lacc.  Kven 
the  moderns  have  found,  in  some  parts  of  South  America,  vast 
regions  inhabited  by  a  people  of  inferior  civilization,  but  which 
occupied  and  cultivated  the  soil.  To  found  their  new  Slates, 
it  was  necessary  to  extirpate  or  to  subdue  a  numerous  popida- 
tion,  until  civilization  has  been  made  to  blush  for  their  suc- 
cess. But  North  America  was  only  inhabited  by  wandering 
tribes,  who  took  no  thought  of  the  natural  riches  of  the  soil  : 
and  that  vast  country  was  still,  properly  speaking,  an  empty 
continent,  a  desert  land  awaiting  its  inhabitants. 

PiVery  thing  is  extraordinary  in  America,  the  social  condition 
of  the  inhabitants,  as  well  as  the  laws ;  but  the  soil  u[)oh  w  Inch 
these  institutions  are  founded  is  more  extraordinary  than  all  the 
rest.  When  man  was  first  placed  upon  the  earth  by  the  Creator, 
that  earth  was  inexhaustible  in  its  youth  ;  but  man  was  weak  and 
ignorant :  and  when  he  had  learned  to  explore  the  treasures 
which  it  contained,  hosts  of  his  fellow-creatures  covered  its  sur- 
face, and  he  was  obliged  to  earn  an  asyluin  for  repose  and  for 
freedom  by  the  sword.  At  that  same  period  North  America  w  as 
discovered,  as  if  it  had  been  kept  in  reserve  by  the  Deity,  and 
had  just  risen  from  beneath  the  waters  of  the  deluge. 

That  continent  still  presents,  as  it  did  in  the  prima-val  time, 
rivers  which  rise  from  never-failing  sources,  green  and  moist 
solitudes,  and  fields  which  the  ploughshare  of  the  husbandman 
has  never  turned.  '  In  this  state,  it  is  ofiered  to  man,  not  in  the 
barbarous  and  insolated  condition  of  the  early  ages,  but  to  a 
being  who  is  already  in  possession  of  the  most  potent  secrets  of 
the  natural  world,  who  is  united  to  his  fellow-men,  and  instructed 
by  the  experience  of  fifty  centuries.  At  this  very  time  thirteen 
millions  of  civilized  F.nropeans  are  peaceably  spreading  over 
those  fertile  plains,  with  whose  resources  and  w hose  extent  they 
are  not  yet  accurately  acquainted.  Three  or  four  thousand 
soldiers  drive  the  wandering  races  of  the  aborigines  before  them  ; 
these  are  followed  by  the  pioneers,  who  pierce  the  woods,  scare 
ofl'the  beasts  of  prey,  explore  the  courses  of  the  inland  streams, 
and  make  ready  the  triumphal  procession  of  civilization  across 
the  waste. 

The  favorable  influence  of  the  temporal  prosperity  of  America 
upon  the  institutions  of  that  country,  has  been  so  often  described 
by  others,  and   adverted  to  by  myself,  that  I  shall  not  enlarge 


1       ,  ,^l 


273 


upon  it  beyond  the  addition  of  a  few  facts,  an  erroneous  notion 
is  fj^(Mierally  entertained,  that  the  deserts  of  America  are  peopled 
hy  Kiiorpean  emigrants,  wiio  anually  disembark  upon  the  coasts 
of  the  New  World,  whilst  the  American  population  increases 
and  multiplies  upon  tlie  soil  which  its  forefathers  tilled.  The 
European  settler,  however,  usually  arrives  in  the  United  States 
without  friends,  and  sometimes  without  resources ;  in  order  to 
subsist  he  is  oblif^ed  to  work  for  hire,  and  he  rarely  proceeds 
beyond  that  belt  of  industrious  population  which  adjoins  the 
ocean.  This  desert  cannot  be  explored  without  capital  or  credit, 
and  the  body  must  be  accustomed  to  the  rip;ors  of  a  new  climate, 
before  it  can  be  exposed  to  the  chances  of  forest  life.  It  is  the 
Americans  themselves  who  daily  quit  the  spots  which  gave  them 
birth,  to  noquire  extensive  domains  in  a  remote  country.  Thus 
the  Kuropean  leaves  bis  cottap;e  for  the  transatlantic  shores ; 
and  the  American,  who  is  born  on  that  very  coast  pluna!:cs  in 
the  wilds  of  Central  America.  This  double  emigration  is  inces- 
sant ;  it  begins  in  the  remotest  parts  of  Europe,  it  crosses  the 
Atlantic  Ocean,  and  it  advances  over  the  solitudes  of  tlie  New 
World.  Millions  of  men  are  marching  at  once  towards  the  same 
horizon ;  thtjir  language,  their  religion,  their  manniu's  differ, 
their  object  is  the  same.  The  gifts  of  fortune  are  promised  in 
the  West,  and  to  the  West  they  bend  their  course. 

No  event  can  be  compared  with  this  continuous  removal  of 
tlie  human  race,  except  perhaps  those  irruptions  which  preceded 
the  fall  of  the  Roman  Empire.     Then,  as  well  as  now,  genera- 
tions of  men  were  impelled  forwards  in  the  same  direction  to 
meet  and  struggle  on  the  same  spot;  but  the  designs  of  Provi- 
dence were  not  the  same  ;  then,  every  new  comer  was  the  har- 
binger of  destruction   and  of  death  ;    now,  every  adventurer 
brings  with  him  the  elements  of  prosperity  and  of  life.     The 
future  still  conceals  from  us  the  ulterior  consequences  of  this 
emigration  of  the  Americans  towards  the  West ;  but  we  can 
readily  apprehend  its  more  immediate  results.     As  a  portion  of 
the  inhabitants  ainmally  leave  the  States  in  which  they  wera 
born,  the  population  of  these  States  increases  very  slowly,  al- 
though they  have  long  been  established :  thus  in  Connecticut, 
which  only  contains  B9  inhabitants  to  the  square  mile,  the  popu- 
lation has  not  been  increased  by  more  than  one-quarter  in  forty 
years,  vbilst  that  of  England  has  been  augmented  by  one-third 
in  the  lapse  of  the  same  period.     The  European  emigrant  always 
lands,  therefore,  in  a  country  which  is  but  half  full,  and  where 
hands  are  in  request :  he  becomes  a  workman  in  easy  circum- 
35     * 


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274 

stances  ;  his  son  pocs  to  scok  bis  fortune  in  unpeopled  regions, 
and  he  becomes  a  rich  landowner.  The  former  amasses  the 
capital  which  the  latter  invests,  and  the  stranger  as  well  as  the 
native  is  unacquainted  with  want. 

The  laws  of  the  United  States  are  extremely  favorable  to  the 
division  of  property  ;  but  a  cause  which  is  more  powerful  than 
the  Ipws  prevents  property  from  beiufi;  divided  to  excess.*  This 
is  very  perceptible  in  the  States  which  are  beginning  to  be  thickly 
peopled;  Massachusetts  is  tlie  most  populous  part  of  the  Union, 
but  it  contains  oidy  cS|)  inhabitants  to  the  square  mile,  which  is 
much  less  dian  in  France,  where  l(i'2  are  reckoned  to  the  same 
extent  of  country,  liut  in  Massachusetts  estates  are  very  rarely 
divided  ;  the  eldest  son  takes  the  land,  and  the  others  go  to  seek 
their  fortune  in  the  desert.  The  law  has  abolished  the  rights 
of  primogeniture,  but  cinumstances  have  concurred  to  re-esta- 
blish it  under  a  Ibrm  of  which  none  can  complain,  and  by  which 
no  just  rights  are  impaired. 

A  single  fact  will  suflice  to  show  the  prodigious  number  of 
individuals  who  leave  New  England,  in  this  manner,  to  settle 
themselves  in  the  wilds.  We  were  assured  in  i(S3<),  that  thirty- 
six  of  the  members  of  Congress  were  born  in  the  little  State  of 
Connecticut.  The  population  of  Connecticut,  which  constitutes 
only  one  forty-third  part  of  that  of  the  United  States,  thus  fur- 
nished one-eighth  of  the  whole  body  of  representatives.  The 
State  of  Connecticut,  however,  only  sends  five  delegates  to  Con- 
gress ;  and  the  thirty-one  others  sit  for  the  new  Western  States. 
If  these  thirty-one  individuals  had  remained  in  Connecticut,  it 
is  probfible  that  instead  of  becoming  rich  landowners  they  would 
have  remained  humble  laborers,  that  they  would  have  lived  in 
obscurity  without  being  able  to  rise  into  public  life,  and  that,  far 
from  becoming  useful  members  of  the  legislature,  they  might 
have  been  unruly  citizens. 

These  reflections  do  not  escape  the  observation  of  the  Ame- 
ricans any  more  than  of  ourselves.  "  It  cannot  be  doubted," 
gays  Chancellor  Kent  in  his  Treatise  on  American  Law,  "  that 
the  division  of  landed  estates  must  produce  great  evils  when  it 
is  carried  to  such  excess  as  that  each  parcel  of  land  is  insufficient 
to  support  a  family ;  but  these  disadvantages  have  never  been 
felt  in  the  United  States,  and  many  generations  must  elapse  be- 
fore they  can  be  felt.  The  extent  of  our  inhabited  territory,  die 
abundance  of  adjacent  land,  and  the  continual  stream  of  emigra- 

*  In  New  England  the  estates  are  exceedingly  small,  bat  they  are  rarely  sub- 
jected to  Airther  division. 


.ii    i-t? 


275 


tlon  flowinp  from  the  sliores  of  th(>  Atlantic  towards  the  interior 
of  the  ( ountry,  sunice  as  yet,  und  will  long  sufiice,  to  prevent  the 
parcelling  out  of  estates." 

It  is  (liffirnlt  to  describe  the  rapacity  with  which  the  American 
rushes  forward  to  secure  the  immense  booty  which  fortune  prof- 
fers to  him.  In  the  pursuit,  he  fearlessly  braves  the  arrow  of  the 
Indian  and  the  distempers  of  the  forest ;  he  is  unimpressed  by  the 
silence  of  the  woods;  the  approach  of  beasts  of  prey  does  not 
disturb  him  ;  for  he  is  goaded  onwards  by  a  passion  more  intense 
than  the  love  of  life.  liefore  him  lies  a  boundless  continent,  and 
he  urges  otiwards  as  if  time  pressed,  and  he  was  afraid  of  finding 
no  room  for  his  exertions.  1  have  spoken  of  the  emigration 
from  the  older  States,  but  how  shall  I  describe  that  which  takes 
place  from  the  more  recent  ones  ?  Filty  years  have  scarcely 
elapsed  since  that  of  Ohio  was  foun'.led  ;  the  greater  part  of  its 
inhabitants  were  not  born  within  its  confines  ;  its  capital  has  only 
been  built  thirty  years,  and  its  territory  is  still  covered  by  an 
immense  extent  of  uiu'ultivated  fields ;  nevertheless,  the  j)opulation 
of  Ohio  is  already  proceeding  westward,  and  most  of  the  settlers 
who  descend  to  the  fertile  savannahs  of  Illinois  are  citizens  of 
Ohio.  These  men  left  their  lirst  country  to  improve  their  con- 
dition ;  they  quit  their  resting-place  to  ameliorate  it  still  more ; 
fortune  awaits  them  everywhere,  but  hapj)iness  they  cannot  attain. 
The  desire  of  prosperity  is  become  an  ardent  and  rcsdess  passion 
in  their  miiuls  which  grows  by  what  it  gains.  They  early  broke 
the  ties  which  bound  them  to  their  natal  earth,  and  they  have 
contracted  no  fresh  ones  on  their  way.  Emigration  was  at  first 
necessary  to  them  as  a  means  of  subsistence  ;  and  it  soon  becomes 
a  sort  of  game  of  chance,  which  they  pursue  for  the  emotions  it 
excites,  as  inncU  as  for  the  gain  it  procures. 

Sometimes  the  progress  of  man  is  so  rapid  that  the  desert 
re-appears  behind  him.  The  woods  stoop  to  give  him  a  pas- 
sage, and  spring  up  again  when  he  has  passed,  it  is  not  un- 
common in  crossing  the  new  States  of  the  West  to  meet  with 
deserted  dwellings  in  the  midst  of  the  wilds ;  the  traveller  fre- 
quently discovers  the  vestiges  of  a  log-house  in  the  most  soli- 
tary retreats,  which  bear  witness  to  the  power,  and  no  less  to 
the  inconstancy,  of  man.  In  these  abandoned  fields,  and  over 
these  ruins  of  a  day,  the  prima'val  forest  soon  scatters  a  fresh 
vegetation  ;  the  beasts  resume  the  haunts  which  were  once  their 
own  ;  and  Nature  covers  the  traces  of  man's  path  with  branch- 
es and  with  flowers,  which  obliterate  his  evanescent  track. 

I  remember,  that  in  crossing  one  of  the  woodland  districts 


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which  still  cover  the  State  of  New  York,  I  reached  the  shore 
of  a  lake,  wliich  was  embosomed  in  forests  coasval  with  the 
world.  A  small  island,  covered  with  woods  whose  thick  foliage 
concealed  its  banks,  rose  from  the  centre  of  the  waters.  Upon 
the  shores  of  the  lake  no  object  attested  the  presence  of  man, 
except  a  column  of  smoke  which  might  be  seen  on  the  horizon 
rising  from  the  tops  of  the  trees  to  tlie  clouds,  and  seeming  to 
hang  from  heaven  rather  than  to  be  mounting  to  the  sky.  An 
Indian  shallop  was  hauled  up  on  the  sand,  which  tempted  me 
to  visit  the  islet  that  had  at  first  attracted  my  attention,  and  in 
a  few  minutes  I  set  foot  upon  its  banks.  The  whole  island 
formed  one  of  those  delicious  solitudes  of  the  New  World, 
which  almost  lead  civilized  man  to  regret  the  haunts  of  the 
savage.  A  luxuriant  vegetation  bore  witness  to  the  incompa- 
rable fruitfulness  of  the  soil.  The  deep  silence,  which  is  com- 
mon to  the  wilds  of  North  America,  was  only  broken  by  the 
hoarse  cooing  of  the  wood-pigeon,  and  the  lapping  of  the  wood- 
pecker upon  the  bark  of  trees.  I  was  far  from  supposing  that 
this  spot  had  ever  been  inhabited,  so  completely  did  Nature  seem 
to  be  left  to  her  own  caprices  ;  but  when  I  reached  the  centre 
of  the  isle  I  thought  that  I  discovered  sonic  traces  of  man.  I 
then  proceeded  to  examine  the  surrounding  objects  with  care, 
and  I  soon  perceived  that  a  European  ha(l  undoubtedly  been 
led  to  seek  a  refuge  in  this  retreat.  Yet  what  changes  had  taken 
place  Ml  the  scene  of  his  labors !  The  logs  which  he  had  has- 
tily hewn  to  build  himself  a  shed  had  sprouted  afresh  ;  the  very 
props  were  intertwined  with  living  verdure,  and  his  cabin  was 
transformed  into  a  bower.  In  the  midst  of  these  shrubs  a  icw 
stones  were  to  be  seen,  blackened  with  fire  and  sprinkled  with 
thin  ashes ;  here  the  hearth  had  no  doubt  been,  and  the  chim- 
ney in  falling  had  covered  it  with  rubbish.  I  stood  for  some 
time  in  silent  admiration  of  the  exuberance  of  Nature,  and  the 
littleness  of  man  ;  and  when  I  was  obliged  to  leave  that  en- 
chanting solitude,  I  exclaimed  with  melancholy,  "  Are  ruins, 
then,  already  here  .f"' 

In  Europe  we  are  wont  to  look  upon  a  restless  disposition,  an 
unbounded  desire  of  riches,  and  an  excessive  love  of  independ- 
ence, as  pro|)ensities  very  ibrmidable  to  society.  Yet  these 
are  the  very  elements  which  ensure  a  long  and  [)eaceftd  dura- 
tion to  the  republics  of  America.  Without  these  unquiet  pas- 
sions the  population  would  collect  in  certain  spots,  and  would 
soon  be  subject  to  wants  like  those  vi'  the  Old  World,  which  it 
is  Uiiricult  to  satisfy  ;  for  such  is  the  present  good  fortune  of  the 


277 


New  World,  that  the  vices  of  its  inhabitants  are  scarcely  less 
favorable  to  society  than  their  virtues.  These  circumstances 
exercise  a  great  influence  on  the  estimation  in  which  human 
actions  are  held  in  the  two  hemispheres.  The  Americans  fre- 
quently term  what  we  should  call  cupidity  a  laudable  industry  ; 
and  ihe^  blame  as  faint-heartedness  what  we  consider  to  be  the 
virtue  of  moderate  desires. 

In  France,  simple  tastes,  orderly  manners,  domestic  affec- 
tions, and  the  attachment  which  men  feel  to  the  place  of  their 
birth,  are  looked  upon  as  great  guarantees  of  the  tranquillity 
and  happiness  of  the  State,  But  in  America  nothing  seems  to 
be  more  prejudicial  to  society  than  these  virtues.  The  French 
Canadians,  who  have  faithfully  preserved  the  traditions  of  their 
pristine  manners,  are  already  embarrassed  for  room  upon  their 
small  territory ;  and  this  little  community,  which  has  so  recently 
begun  to  exist,  will  shortly  be  a  prey  to  the  calamities  incident 
to  old  nations.  In  Canada,  the  most  enlightened,  patriotic,  and 
humane  inhabitants  make  extraordinary  efforts  to  render  the 
people  dissatisfied  with  those  simple  enjoyments  which  still  con- 
tent it.  There,  the  seductions  of  wealth  are  vaunted  with  as 
much  zeal,  as  the  charms  of  an  honest  but  limited  income  in  the 
Old  World ;  and  more  exertions  are  made  to  excite  the  pas- 
sions of  the  citizens  there  than  to  calm  them  elsewhere.  If  we 
listen  to  the  eulogies,  we  shall  hear  that  nothing  is  more  praise- 
worthy than  to  exchange  the  pure  and  homely  pleasures  which 
even  the  poor  man  tastes  in  his  own  country,  for  the  dull  de- 
lights of  prosperity  under  a  foreign  sky ;  to  leave  the  patri- 
monial hearth,  and  the  turf  beneath  which  his  forefathers 
sleep  ;  in  short,  to  abandon  the  living  and  the  dead  in  quest  of 
fortune. 

At  the  present  time  America  presents  a  field  for  human  effort, 
far  more  extensive  than  any  sum  of  labor  which  can  be  applied 
to  work  it.  In  America,  too  much  knowledge  cannot  be  dii- 
fuscd ;  for  all  knowledge,  whilst  it  may  serve  him  who  pos- 
sesses it,  turns  also  to  tlie  advantage  of  those  who  are  without 
it.  New  wants  are  not  to  be  feared,  since  they  can  be  satisfied 
without  difficulty ;  the  growth  of  human  passions  need  not  be 
dreaded,  since  all  passions  may  find  an  easy  and  a  legitimate 
object :  nor  can  men  be  put  in  possession  of  too  much  free- 
dom, since  they  are  scarcely  ever  tempted  to  misuse  their 
liberties. 

The  American  republics  of  the  present  day  are  like  com- 
panies of  adventurers,  formed  to  explore  in  common  the  waste 


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lands  of  the  New  World,  and  busied  in   a  flourishing  trade. 
The  passions  which  agitate  the  Americans  most  deeply,  are 
not  their  political,  but  their  commercial  passions  ;  or,  to  speak 
more  correctly,  they  introduce  the  habits  they  contract  in  busi- 
ness into  their  political  life.     They  love  order,  without  which 
affairs  do  not  prosper  ;  and   they  set  an  especial  value  upon  a 
regular  conduct,  which  is  the  Ibundalion  of  a  solid  business  : 
they  prefer  the  good  sense  which  amasses  large  fortunes,  to 
that  enterprising  spirit  which  frequently  dissipates  them  ;  ge- 
neral ideas  alarm  their  minds,  which  are  accustomed  to  positive 
calculations ;  and  the}'  hold  practice  in  more  honor  than  theory. 
It  is  in  America  that  one  learns  to  understand  the  influence 
which  physical  prosperity  exercises  over  political  actions,  and 
even  over  opinions  wliicli  ouglit  to  acknowledge  no  sway  but 
that  of  reason  ;  and  it   is  njore  especially  amongst  strangers 
that  this  truth  is  perceptible.     Most  of  the  European  emigrants 
to  the  New  World  carry  with  them  that  wild  love  of  independ- 
ence and  of  change,  which  our  calamities  are  so  apt  to  engen- 
der.    I  sometimes  met  with  Europeans,  in  the  United   States, 
who  had  been  obliged  to  leave  their  own  country  on    account 
of  their  political  opinions.     They  all  astonished  me  at  the  lan- 
guage they  held  ;  but  one  of  them  surprised  me  more  than  all 
the  rest.     As  I  was  crossing  one  of  the  most  remote  districts  of 
Pennsylvania,  I  was  benighted,  and  obliged  to  beg  for  hospi- 
tality at  the  gate  of  a  wealthy  planter,  who  was  a  Frenchman 
by  birth.     lie  bade  me  sit  down  beside  his  fire,  and  we  began 
to  talk  with  that  freedom  which  befits  persons  who  meet  in  the 
back  woods,  two  thousand  leagues  from  their  native  country. 
I  was  aware  that  my  host  had  been  a  great  leveller,  and  an  ar- 
dent demagogue  forty  years   ago,  and  that  his  name  was  not 
unknown  to  fame.     I  was   i.ierefore  not   a  little  surprised   to 
hear   him  discuss  the  rights  of  property  as  an  economist  or  a 
landowner  might  have  done  :  he  spoke  of  the  necessary  gra- 
dations which  fortune  establishes  among  men,  of  obedience  to 
established  laws,  of  the  influence  of  good  morals  in   common- 
vvealt'' ;,  and  of  the   support  which  religious  opinions  give  to 
order  ..nd  to  freedom  ;  he  even  went  so  far  as  to  quote  an 
evfigelical  authority  in  corroboration  of  one  of  his  political 
V  .iCts. 

I  listened,  and  marvelled  at  the  feebleness  of  human  reason. 
A  proposition  is  true  or  false,  but  no  art  can  prove  it  to  be  one 
or  the  other,  in  the  midst  of  the  uncertainties  of  science  and 
the  conflicting  lessons  of  experience,  until  a  new  incident  dis- 


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perses  the  clouds  of  doubt ;  I  was  poor,  I  become  rich  ;  and  I 
am  not  to  expect  that  prosperity  will  act  upon  my  conduct,  and 
leave  my  judgment  free  :  my  opinions  change  with  my  fortune, 
and  the  happy  circumstances  which  I  turn  to  my  advantage, 
furnish  me  with  that  decisive  argument  which  was  before 
wanting. 

The  influence  of  prosperity  acts  still  more  freely  upon  the 
American  than  upon  strangers.  The  American  has  always 
seen  the  connexion  of  public  order  and  public  prosperity,  inti- 
mately united  as  they  are,  go  on  before  his  eyes  ;  he  does  not 
conceive  that  one  can  subsist  without  the  other ;  he  has  there- 
fore nothing  to  forget ;  nor  has  he,  like  so  many  Europeans, 
to  unlearn  the  lessons  of  his  early  education. 


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INFLUENCE    OF    THE  LAWS    tlPON    THE  MAINTENANCE  OF    THE 
DEMOCRATIC    REPUBLIC    IN    THE    UNITED    STATES. 


\ 


Three  principal  causes  of  tlie  maintenance  of  the  democratic  republic. — Federal 
Constitutions. — Municipal  institutions. — Judicial  power. 

The  principal  aim  of  this  book  has  been  to  make  known  the 
laws  of  the  IJnlted  States;  if  this  purpose  has  been  accomplish- 
ed, the  reader  is  already  enabled  to  Judge  for  himself,  which 
are  the  laws  that  really  tend  to  maintain  tlic  democratic  repub- 
lic, and  which  endanger  its  existence.  If  1  have  not  succeeded 
in  explaining  this  in  the  whole  course  of  my  work,  I  cannot  hope 
to  do  so  within  the  limits  of  a  single  chapter.  It  is  not  my  in- 
tention to  retrace  the  path  I  have  already  pursued  ;  and  a  very 
few  lines  will  suflicc  to  recapitulate  what  I  have  previously 
explained. 

Three  circumstances  seem  to  me  to  contribute  most  power- 
fully to  the  maintenance  of  the  democratic  republic  in  the 
United  States. 

The  first  is  that  Federal  form  of  Covcrnment  which  the 
Americans  have  adopted,  and  which  enables  the  Union  to 
combine  the  power  of  a  great  empire  with  the  security  of  a 
small  State ; 


H  IIW 


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■■  % 


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280 

The  second  consists  in  those  municipal  institutions  which 
limit  the  despotism  of  the  majority,  and  at  the  same  time  im- 
part a  taste  for  freedom,  and  a  knowledge  of  the  art  of  being 
free,  to  the  people  ; 

The  third  is  to  be  met  with  in  the  constitution  of  the  judicial 
power.  I  have  shown  in  what  manner  the  courts  of  justice  serve 
to  repress  the  excesses  of  democracy ;  and  how  they  check  and 
direct  the  impulses  of  the  majority,  without  stopping  its  activity. 


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INFLUENCE  OF   MANNERS    UPON    THE    MAINTENANCE    OF    THE 
DEMOCRATIC  REPUBLIC  IN  THE  UNITED  STATES. 

I  HAVE  previously  remarked  that  the  manners  of  the  people  may 
be  considered  as  one  of  the  general  causes  to  which  the  mainte- 
nance of  a  democratic  republic  in  the  United  States  is  attribu- 
table. I  here  use  the  word  manners  with  the  meaning  which  the 
ancients  attached  to  the  word  mores  ;  for  I  apply  it  not  only  to 
manners,  in  their  proper  sense  of  what  constitutes  the  character 
of  social  intercourse,  but  I  extend  it  to  the  various  notions  and 
opinions  current  among  men,  and  to  the  mass  of  those  ideas  which 
constitute  their  character  of  mind.  I  comprise,  therefore,  under 
this  term  the  whole  moral  and  intellectual  condition  of  a  people. 
My  intention  is  not  to  draw  a  picture  of  American  manners,  but 
simply  to  point  out  such  features  of  them  as  are  favorable  to  the 
maintenance  of  political  institutions. 


I 


(Mr- 


281 


I ) 


RELIGION  CONSIDERED  AS  A  rOLITICAL  INSTITUTIOxV,  WHICH 
POWERFULLY  CONTRIBUTES  TO  THE  MAINTENANCE  OF  THE 
DEMOCRATIC  REPUBLIC  AMONGST  THE  AMERICANS. 

North  America  peopled  by  men  wlio  professed  a  democratic  and  reptiblican 
Cliristianity.— Arrival  of  the  Cathohcs.  — For  what  reason  the  Catholics  form 
the  most  democratic  and  the  most  republican  class  at  the  present  time.' 

Every  reliij;ion  is  to  bo  fomul  in  juxtti-position  to  a  political  opin- 
ion, whicii  is  connected  with  it  by  adinity.  If  the  hnnian  mind 
be  left  to  follow  its  own  bent,  it  will  regulate  the  tcunporal  and 
spiritnal  institutions  of  society  npon  one  uniform  principle ;  and 
man  will  endeavor,  if  I  may  use  the  ex|iression,  to  harmonize  the 
state  in  which  ho  lives  upon  earth,  with  the  state  ho  believes  to 
await  him  in  heaven. 

The  ij^reatest  part  of  British  America  was  peopled  by  men  who, 
after  havuip:  shaken  oil' the  authority  of  the  Po\h\  acknowledged 
no  other  reliiiious  supremacy  :  Uiey  l)roiiG:lit  with  them  into  the 
Sew  World  a  form  of  Christianity,  which  1  caiuiot  l)etter  descri])e, 
than  by  stylint!;  it  a  democratic  and  rej)iiblican  relii;ion.  This 
sect  contributed  powerfully  to  the  establishment  of  a  democracy 
and  a  republic  ;  and  from  the  earliest  settlement  of  the  emigrants, 
politics  and  religion  contracted  an  alliance  which  has  never  been 
dissolved. 

About  fifty  years  ago  Ireland  began  to  pour  a  Catholic  popu- 
lation into  the  United  States;  on  the  other  hand,  the  Catholics 
of  America  made  proselytes,  and  at  the  present  moment  more 
thiin  a  million  of  Christians,  prof(^ssiiig  the  truths  of  the  ('hiircli 
of  Ifome,  are  to  l)e  met  with  in  the  rnioii.  'J'hese  Catholics  are 
fiiithful  to  the  observances  of  their  religion;  they  arc  fervent  and 
zealous  in  the  siipjiort  and  belief  of  their  doctrines.  Neverthe- 
less they  constitute  the  most  re[)ublican  and  the  most  democratic 
cla.;s  of  citiwns  which  exists  in  the  United  States;  and  alth-mgh 
t'lis  fact  may  siu'priso  the  observer  at  first,  the  causes  by  whicli 
it  is  occasioiuMl  may  easily  be  discovered  upon  rellection. 

I  thiidi  that  the  Catholic  religion  has  erroneously  boon  looked 

upon  as  the  natural  enemy  of  democracy.     Amongst  the  various 

sects  of  Christians,  Catholicism  seems  to  mc,  on  the  contrary,  to 

be  one  of  those  whicli  arc  most  favorable  to  the  equality  of  con- 

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ditions.  In  the  Catholic  Church,  the  religious  community  is 
composed  of  only  two  elements ;  the  priest  and  the  people. 
The  priest  alone  rises  above  the  rank  of  his  (lock,  and  all  below 
him  are  equal. 

On  doctrinal  points  the  Catholic  faith  places  all  human  capa- 
cities upon  the  same  level;  it  subjects  die  wise  and  the  iG;norant, 
the  man  of  genius  and  the  vulg'ar  crowd,  to  the  details  of  the 
same  creed  ;  it  imposes  the  same  observances  upon  the  rich  and 
needy,  it  inllicts  the  same  austerities  upon  the  strong  and  the 
weak,  it  listens  to  no  compromise  with  mortal  man,  but  reducing 
all  the  human  race  to  the  same  standard,  it  confounds  all  the  distinc- 
tions of  society  at  the  foot  of  the  same  altar,  even  as  they  are  con- 
founded  in  the  sight  of  Cod.  If  Cadiolicism  predisposes  the  faithful 
to  obedience,  it  certainly  does  not  prepare  them  for  inequality ;  but 
the  contrary  maybe  said  of  Protestanism,  which  generally  tends 
to  make  men  independent,  more  than  to  render  them  equal. 

Catholicism  is  like  an  absolute  monarchy;  if  the  sovereign  be 
removed,  all  the  other  classes  of  society  arc  more  equal  than  they 
are  in  republics.  It  has  not  unfrequently  occurred  that  the  C'a- 
tholic  priest  has  left  the  service  of  the  altar  to  mix  with  the 
governing  powers  of  society,  and  to  take  his  place  among  the 
civil  gradations  of  men.  This  religious  influence  has  sometimes 
been  used,  to  secure  the  interests  of  that  political  state  of  things 
to  which  he  belonged.  At  other  times  Catholics  have  taken  the 
side  of  aristocracy  from  a  spirit  of  religion. 

But  no  sooner  is  the  priesthood  entirely  separated  from  the 
Government,  as  is  the  case  in  the  United  States,  than  it  is  found 
that  no  class  of  men  are  more  naturally  disjjosed  than  the  Ca- 
tholics to  transfuse  the  doctrine  of  the  equality  of  conditions  into 
the  political  world.  If,  then,  the  Catholic  citizens  of  the  T'nited 
States  are  not  forcibly  led  by  the  nattn-e  of  their  tenets  to  adopt 
democratic  and  republican  ])rinciples,  at  least  they  are  not  neces- 
sarily opposed  to  them  ;  and  their  social  position,  as  well  as  their 
limited  number,  obliges  them  to  adopt  these  opinions.  IVfost  of 
the  Catholics  are  poor,  and  they  have  no  chance  of  taking  a  part 
in  the  Government  unless  it  be  open  to  all  the  citizens.  They 
constitute  a  minority,  and  all  rights  nuist  be  respected  in  orfier  to 
ensure  to  them  the  tree  exercise  of  their  own  privileges.  These 
two  causes  induce  them,  unconsciously,  to  adopt  political  doc- 
trines which  they  would  perhaps  support  with  less  zeal  if  Uiey 
were  rich  and  preponderant. 

The  Catholic  clergy  of  the  United  States  has  never  attempted 
to  oppose  this  political  tendency ;  but  it  seeks  rather  to  justify 


Ijli 


..iir 


283 


its  results.  The  priests  in  America  have  divided  the  intellectual 
world  into  two  parts :  in  the  one  they  place  the  doctrines  of  re- 
vealed religion,  which  command  their  assent ;  in  the  other  they 
leave  those  truths,  which  tliey  believe  to  have  been  freely  left 
open  to  the  researches  of  political  inquiry.  Thus  the  Catholics 
of  the  United  States  are  at  the  same  time  the  most  faithful  be- 
lievers and  the  most  zealous  citizens. 

It  may  be  asserted  that  in  the  T United  States  no  reliijious  doc- 
trine displays  the  slightest  hostility  to  democratic  and  repub- 
lican institutions.  The  doruy  of  all  the  diflerent  sects  hold  the 
same  langnafie ;  their  o})inions  are  consonant  to  the  laws,  and 
the  human  intellect  flows  onward  in  one  sole  current. 

I  happened  to  be  stayinc;  in  one  of  the  larj^est  towns  in  the 
Union,  when  I  was  invited  to  attend  a  public  meeting  which 
bad  been  called  for  the  purpose  of  assisting  the  Poles,  and  of 
sending  them  supplies  of  arms  and  money.  1  lound  two  or 
three  thousand  persons  collected  in  a  vast  hall  which  had  been 
prepared  to  receive  them.  In  a  short  time  a  priest  in  his  eccle- 
siastical robes  advanced  to  the  front  of  the  hustings:  the  specta- 
tors rose,  and  stood  uncovered,  whilst  he  spoke  in  the  following 
terms : 

"Almighty  Cod!  the  God  of  Armies!  Thou  who  didst 
strengthen  the  hearts  and  guide  the  arms  of  our  fathers  when 
they  were  fighting  for  du^  sacn^d  rights  of  national  independ- 
ence ;  Thou  who  didst  make  them  triumph  over  a  hateful  op- 
pression, and  hast  iLrrantcd  to  our  people  the  benefits  of  liberty 
and  peace;  Turn,  ()  Lord,  a  favorable  eye  upon  the  other 
hemisphere ;  pitifully  look  down  upon  that  heroic  nation  which 
is  even  now  strugghug  as  we  did  in  the  former  time,  and  for 
the  same  riglits  which  we  defended  with  our  blood.  Thou,  who 
didst  create  M\ni  m  the  likeness  of  the  same  image,  let  not 
tyranny  mar  thy  work,  aiid  establish  inequality  upon  die  earth. 
Almighty  (lod!  do  Thou  watch  over  the  destiny  of  the  Poles, 
and  render  them  worthv  to  be  free.  ^Nlay  thy  wisdom  direct 
their  councils,  and  may  thy  strength  sustain  their  arms!  Shed 
forth  tliy  terror  over  their  enemies ;  scatter  the  powers  which 
take  counsel  against  them;  and  vouchsaie  that  the  injustice 
which  the  world  has  witnessed  for  fifty  years,  be  not  consum- 
mated in  our  time.  ()  Jjord,  who  boldest  alike  the  hearts  of 
nations  aiul  of  men  in  thy  })owerfid  hand;  raise  up  allies  to  the 
sacred  cause  of  right ;  arouse  the  French  nation  from  the  apa- 
thy in  whicli  its  rulers  retain  it,  that  it  go  forth  again  to  fight 
for  the  liberties  of  the  world. 


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"  Lord,  tnrii  not  Thou  tliy  face  from  us,  and  errant  that  we 
may  ahvnys  ho  the  most  religious  as  w(;ll  as  the  freest  people  of 
the  carthi  Almiiihty  (!od,  hear  our  supi)licatious  this  day. 
Save  the  ]*oles,  \\q  heseeeh  Thee,  in  the  name  of  thy  well- 
beloved  Son,  our  Lord  Jesus  Christ,  who  died  upon  the  cross 
for  the  salvation  of  men.     Amen." 

The  whole  meeting  responded  "  Amen  !"  with  devotion. 


IXDIIIECT  IXFLrEXrE    OF  HELIOIOI'S  OPTXTOXS  UPOX  POLITICAL 
SOCIETY    IX    THE    VXITED    STATES. 


KlMt  h"       5  Christian  morality  coiiinion  to  all  sects. — Iiifliinnce  of  religion  upon  the  mnniirrs 

^l»    *' «  of  the  AiiH'iicaiis. — Ui'spoct  for  the  uiarriaire  tie.— tii  what  maimer  relipioii 

m  *■'    '•  '  confines  tin;  imaffination  of  tlie  Americans  within  certain  limits,  and  checks  tlie 

•  ...  „!• ; ....: < »..:..; r  .1...    * ..:„ •! !:.:„.. i  ...'.r.i..  ,.('..., 


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loimnes  uw.  imaffiiiaiion  oi  me  .-\mericans  wimin  cenam  iimiis,  aiici  i-iii;ckn  inu 
iias.sion  ol' innovation — Opinion  of  the  Americans  on  the  jMilitical  utility  of  re- 
ligion.— Tiieir  exertions  to  e.stuiul  and  secnre  its  predominance. 

I  HAVE  just  shown  what  the  direet  influence  of  religion  upon 
politics  is  in  the  United  Stales;  l)ut  its  indirect  influence  apj)ears 
to  me  to  be  still  more  consideraljle,  and  it  never  instructs  the 
Americans  more  fidly  in  the  art  of  being  free  than  when  it  sa^  s 
nothing  of  freedom. 

I'he  sects  which  exist  in  the  lulled  States  are  innumerable. 
They  all  did'er  in  resj)ect  to  the  worshij)  which  is  due  from  n)an 
to  his  Creator;  but  they  all  agree  in  respect  to  the  duties  which 
are  duo  from  man  to  man.  liacli  sect  adores  the  ])eity  in  its 
own  peculiar  maimer*  but  all  the  sects  j)reach  the  same  moral 
law  in  the  name  of  Cod.  ]f  it  !)(>  of  the  slightest  importance  to 
man,  as  an  iiulividual,  that  his  religion  should  be  true,  the  case 
of  society  is  not  the  same.  Society  has  no  future  life  to  hope 
for  or  to  fear;  and  pro\'ided  the  citi/.ens  ju'ofess  a  religion,  the 
peculiar  tenets  of  that  religion  are  of  very  little  importance  to 
its  interests.  Moreover,  almost  all  tli(>  sc^cts  of  the  Cuited  Stat(>s 
are  comprised  within  the  i!:i'<'at  unity  of  Christianitv,  and  Clnis- 
tian  moralit}'  is  everywhere  the  samo. 

It  may  be  believed  without  unniirness,  that  a  certain  number 
of  Americans  pursue  a  peculiar  form  of  worship,  from  hal)it 
more  than  from  conviction.     In  the  United  States  the  sovereign 


285 


hat  wo 
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is  (lay. 
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LITICAL 


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n  it  says 

morablc. 

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number 

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overeigu 


authority  is  religious,  and  consequently  hypocrisy  must  be  com- 
mon ;  but  there  is  no  country  in  the  whole  world,  in  which  the 
Christian  religion  retains  a  greater  inflnencc  over  the  souls  of 
men  than  in  America;  and  there  can  be  no  greater  proof  of  its 
utility,  and  of  its  conformity  to  human  nature,  than  that  its  influ- 
euce  is  most  j)owerfully  felt  over  the  most  eidightened  and  free 
nation  of  the  earth. 

1  iiave  renmrked  that  the  members  of  the  American  clergy  in 
general,  without  even  excepting  those  who  do  not  admit  religious 
liherty,  are  all  in  favor  of  civil  freedom ;  but  they  do  not  sup- 
port any  ])articular  political  system.  They  keep  aloof  from 
parties,  and  from  public  allairs.  In  the  United  States  religion 
exercises  but  little  inrtuence  upon  the  laws,  and  upon  the  details 
ofpiddic  oj)inion;  but  it  directs  the  manners  of  the  community, 
aud  by  regulatiug  domestic  life,  it  regulates  the  State. 

I  do  not  (pu'siion  that  the  great  austerity  of  manners  which  is 
ol)servabie   in   the  United   States,  arises,  in  the  first  instance, 
from  religious  faith.     Religion  is  often  unable  to  restrain  man 
from  the  numberless  temptations  of  fortune  ;  nor  can  it  check 
that  passion  for  gain  w  hich  every  incident  of  his  life  contributes 
to  arouse  ;  but  its  influence  over  the  mind  of  woman  is  supreme, 
and  women  are  the  j)rot«M'tors  of  morals.     There  is  certahdy  no 
country  in  the  world  where  the  tie  of  marriage  is  so  much  re- 
spected as  in  America,  or  where  conjugal  happiness  is  more 
highly  or  worthily  ap])reciated.     Jn  Eiu'ope  almost  all  the  dis- 
turbances of  society  arise  (roni  the  irregularities  of  domestic  life. 
To  despise  the  natural  bonds  and  legitimate  pleasures  of  home, 
is  to  contract  a  taste  for  excesses,  a  restlessness  of  heart,  and  the 
evil  of  fluctuating  desires.     Auitated  by  the  tumultuous  passions 
which  Ireciuently  disturb  lils  dwelling,  the  European  is  galled 
by  the  obedience  which  the  legislative  powers  of  the  State  exact. 
But  wUcix  the  American  retires  from  the  turmoil  of  public  life  to 
the  bosom  of  his  family,  he  finds  in  it  the  image  of  order  and  of 
peace.     There  his  pleasures  are  simple  and  natural,  his  joys  are 
innocent  and  calm ;  and  as  he  finds  that  an  orderly  life  is  the 
surest  |)ath  to  happiiu'ss,  he  accustoms  himself  without  didicnlty 
to  moderate  his  opinions  as  well  as  his  tastes.     Whilst  the  Eu- 
roj)ean  endeavors   to  forget  his  domestic  troubles  by  agitating 
society  ;  the  Am(>rican  derives  (i-om  his  own  home  that  love  of 
order,  which  he  afterwards  carries  with  him  into  public  aflairs. 

In  the  United  States  the  influence  of  religion  is  not  confined 
to  the  inamu.'rs,  but  it  extends  t6  the  intelligence  of  the  people. 
Amongst  the  Anglo-Americans,   there  are   some  who  profess 


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the  (loctriiips  of  Cliristianity  from  a  sincere  belief  in  thcni,  and 
others  who  do  the  same  because  they  are  afraid  to  be  suspected 
of  imhclief.  Christianity,  therefore,  reigtis  without  any  obsta- 
cle, by  uui\ersal  consent ;  the  consequence  is,  as  I  have  before 
observed,  that  every  princij)le  of  the  moral  world  is  fixed  and 
dctcnniiuUe,  althouLrh  the  political  world  is  abandoned  to  the 
debates  and  the  experiments  of  men.  Thus  the  human  mind  is 
never  left  to  w  antler  across  a  boundless  field  ;  and,  w  hatever  may 
be  its  pretensions,  it  is  checked  from  time  to  time  by  barriers 
which  it  cannot  smnnount.  Before  it  can  perpetrate  iniu)vation, 
certain  primal  and  inmmtable  principles  are  laid  down,  and  the 
boldest  conceptions  of  human  device  arc  subjected  to  certain 
forms  which  retard  and  stop  their  com])letion. 

The  ima2:inationof  the  Americans,  even  in  its  tyreatest  flijj^hts, 
is  circumspect  and  und(>clde(l ;  its  impulses  are  checked,  and  its 
works  imlinished.  These  habits  of  restraint  recur  in  ])oHticnl 
society,  and  are  sinirularly  I'avorable  both  to  the  trau(iuillity  of 
the  people  and  to  the  durability  of  the  institutions  it  iias  estab- 
lished. Nature  and  circumstances  concurred  to  make  the  inha- 
bitants of  the  United  States  bold  men,  as  is  sufiiciently  attested 
by  the  enterpri/im;:  spirit  with  which  they  seek  lor  fortune.  Jf 
the  mind  of  the  Americans  were  free  from  all  traimuels,  thev 
woidd  very  shortly  become  the  most  darini!:  innovators  and  the 
most  imj)lacal)le  disputants  in  the  world.  But  the  revohiti(Miists 
of  America  are  oblimed  to  ])rofess  an  ostensible  respect  for  Chris- 
tian morality  and  e()uity,  which  does  not  easily  permit  them  to 
violate  the  laws  that  oppose  their  designs  ;  nor  would  they  find 
it  easy  to  surmount  the  scruples  of  their  partisans,  even  if  they 
were  able  to  iret  over  their  own.  Hitherto  no  one,  in  the  United 
States,  has  dared  to  advance  the  maxim,  that  everything  is  per- 
missible w  Ith  a  view  to  the  interests  of  society  ;  an  imjiious  adage, 
which  seems  to  have  been  in\ented  in  an  age  of  freedom  to  shel- 
ter all  the  tyrants  of  fuiure  ages.  Thus  whilst  the  law  permits 
t'le  Americans  to  do  what  they  please,  religion  prevents  them 
from  conceiving,  and  forbids  them  to  connnit  what  is  rash  or 
unjust. 

Religion  in  America  takes  no  direct  part  in  the  government 
of  society,  but  it  must  ncAertheless  be  regarded  as  the  fbrcTnost 
of  the  political  institutions  of  that  country  ;  for  if  it  does  not  im- 
parl a  taste  lor  Ireedom,  it  facilitates  the  use  of  free  institutions. 
I  ideed,  it  is  in  this  same  point  of  view  that  the  inhabitants  of 
t.ie  United  States  themselves  look  upon  religious  belief.  I  do  not 
know  whether  all  the  Americans  have  a  sincere  faith  in  their 


287 


relig:ion  ;  lor  who  can  search  tlie  hnnian  heart  ?  but  t  am  certain 
that  they  hold  it  to  he  indispensahlo  to  the  maintenaiice  ot'  re- 
publican institutions.  This  opinion  is  not  peculiar  to  a  class  of 
citiz-ens  or  to  a  party,  but  it  belontjs  to  the  whole  nation,  anil  to 
every  rank  of  society. 

In  the  I'nited  States,  if  a  political  character  attacks  a  sect, 
this  may  not  prevent  even  the  partisans  of  that  very  sect  from 
siipportinc;  him  ;  but  if  he  atta(  ks  all  the  sects  to2,cther,  every 
one  abandons  him,  and  he  remains  alone. 

Whilst  I  was  in  America,  a  witness,  who  happened  to  be 
called  at  the  Assi/es  of  the  county  of  Chester,  (State  of  New 
York,)  declared  that  he  did  not  believe  in  the  existence  of  (lod, 
or  in  the  inniiortality  of  the  soul.  The  ju(lu:e  refused  to  admit 
his  evidence,  on  the  (^round  that  the  witness  had  destroyed  be- 
forehand all  the  confuk'nce  of  the  Court  in  what  he  was  about 
to  say.*  The  newspapers  related  the  fact  without  any  fiu'ther 
comment. 

The  Americans  combine  the  notions  of  Christianity  and  of 
liberty  so  intimately  in  their  minds,  that  it  is  im|)ossibl(>  to  make 
them  conceive  the  one  without  the  other;  and  with  them  this 
conviction  does  not  sjirinij^  from  that  barren  traditionary  faith 
which  seems  to  ve^:etate  in  the  soul  rather  than  to  live. 

I  have  known  of  societies  formed  by  tiie  Americans  to  send 
out  ministers  of  the  Cospel  into  the  new  Western  States,  to  found 
schools  and  churches  there,  lest  relii^ion  should  be  sullered  to 
die  away  in  those  remote  settlements,  and  the  risinc;  States  be 
less  fitted  to  enjoy  free  institutions  than  the  jjeople  from  which 
they  emanated.  I  met  with  wealthy  New  JMiglanders  who  sii  an- 
doned  the  country  in  which  they  were  born,  in  order  to  lay  the 
foundations  of  Christianity  and  of  freedom  on  the  banks  of  the 
Missouri,  or  in  th'*  prairies  of  niinois.  Thus  relii^ious  xeal  is 
perpetually  stimulated  in  the  I'liited  States  by  the  duties  of  pa- 
triotism. These  men  do  not  act  tVom  an  exclusive  consid- 
eration of  the  promises  of  a  future  life  ;  eternity  is  only  one 
motive  of  their  devotion  to  the  canse  ;  and  if  you  converse  with 
these  missionaries  of  Christian  civili/.ution,  you  will  be  surprised 
to  find  how  much  value  they  set  upon  the  u;oods  of  this  world, 

"*  The  New  York  Spectalor  of  August  '2?,.  1-ril,  relates  tlic  fact  in  t!ie  follow- 
inj;  terms:  "Tlie  Court  of  Common  I'loas  of  Cliestcr  County,  (New  VorL.)  a 
few  days  since  rejected  a  witness"  wli(»  decliircd  liis  dishelief  in  tlie  existence  of 
God.  The  presiding  judge  remarked,  th  it  he  had  not  before  heen  aware  that 
there  was  a  man  hving  who  did  not  believe  in  the  existence  of  (Jod;  that  this  lie- 
lief  constituted  tlie  sancti(»n  of  al!  testimony  in  a  court  of  just  ce  :  and  tliat  he 
knew  of  no  cause  in  a  Christian  country,  where  a  witness  had  been  permitted  to 
testify  without  sucli  belief." 


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and  that  yon  moot  with  a  politician  wliere  yon  exported  to  find 
a  priest.  They  will  tell  yon,  that  "  ail  the  Anierirati  |{epid)lic.s 
are  collectively  involved  with  each  other  ;  if  the  repjU)lics  of  the 
West  were  to  fall  into  anarchy,  or  to  he  mastered  hy  a  despot, 
the  repuhlican  institutions  which  now  llonrish  upon  the  shores  of 
the  Atlantic  Ocean,  would  he  in  ^reat  f)eril.  It  is  therefore  our 
interest  that  the  new  Stales  should  be  religious,  in  order  to 
maintain  our  liberties." 

Such  are  the  opinions  of  the  Americans:  and  if  any  hold, 
that  the  relifj^ious  sf)irit  which  I  admire  is  the  very  thin^'  most 
amiss  in  America,  and  that  the  only  element  wantiniz;  to  the  free- 
dom and  happiness  of  the  human  race  is  to  believe  in  some  blind 
cosmogony,  or  to  assert  with  Cabanis  the  secretion  of  thought 
by  the  brain,  J  can  otdy  re|)ly,  that  thosi*  who  lioUl  this  language 
have  never  been  in  America,  and  that  they  have  never  seen  a 
religious  or  a  free  nation.  When  they  return  from  their  expe- 
dition, we  shall  hear  what  they  have  to  say. 

There  are  persons  in  France  who  look  upon  republican  insti- 
tutions as  a  temporary  means  of  power,  of  wealth,  and  distinc- 
tion ;  men,  who  are  the  coiiJodieri  of  liberty,  and  who  fight  for 
their  own  advantage,  whatever  be  the  colors  they  wear  :  it  Is 
not  to  these  that  I  address  myself.  Jiut  there  are  others  who 
look  forward  to  the  republican  form  of  government  as  a  tranf|iiil 
and  lasting  state,  towards  which  modern  society  is  daily  inipelled 
by  the  ideas  and  maimers  of  the  time,  aiul  who  sincerely  desire 
to  prepare  men  to  be  tree.  When  these  men  attack  rcdigioiis 
opinions,  they  obey  the  dictates  of  their  passions  to  the  prejiulice 
of  tiieir  interests.  Despotism  may  govern  a\  ithout  faith,  but  lib- 
erty cannot.  Religion  is  much  more  necessary  in  the  republic 
which  they  set  forth  in  glowing  colors,  than  in  the  monarchy 
which  they  attack  ;  and  it  is  more  needed  in  democratic  re[)ul,- 
lics  than  in  any  others.  How  is  it  possible  that  society  should 
escape  destruction  if  the  moral  tie  be  not  strengthened  in  pro- 
portion as  the  political  tie  is  relaxed  ?  ;!ni  what  can  be  done 
with  a  people  which  is  its  own  master,  if  it  be  not  submissive  to 
the  Divinity  ? 


\:^4 


289 


PRINCirAL   CAUSES    WHICH    RKXTtKU    RKLIQION   POWERFUL   IN 

A.MMUICA. 


Carfl  tnkon  I»y  tlip  AiiiPi-innns  to  sr|K\nitn  tlin  Cliiircli  from  tlio  Stiite. — Tlie  laws, 
pnlilic  opinion,  and  evi-n  the  (vxt.'rlion^  of  tlio  diiigv  coiiriir  to  promote  this 
end. — Intlncnce  of  ndi^'irtn  upon  tlie  mind,  in  the  I'nited  Stiilcs,  altrihiifahlo 
to  this  canse. — Reason  ol"  this. — Wliat  i-  the  natnial  slile  oC  men  with  regard 
to  rchgion  at  llic  present  time. — W'lcit  are  the  pe(Miliar  and  incidental  causes 
whiL'li  prevent  men,  in  certain  couiitricii,  Iroiii  urnviiig  ut  thi.s  .stiitc. 

Thk  j)lilIos()|jli(<rs  of  the  ci^litccntli  century  explained  the  p:ra- 
(liml  (leeay  «)f  relii^ioiis  lliitli  in  a  very  .simple  niiiinier.  Iteli- 
^ioits  7,eiil,  .said  they,  must  neeessarily  (all,  the  more  j^enerally 
Hh(>rty  is  estahlislied  and  kno\\ le(lu,e  dillnscvl.  I'nfortiniately, 
I'aets  are  by  no  means  in  accordance  with  their  theory.  There  are 
certain  populations  in  Kiirope  whose  imhelief  is  only  equalled 
by  their  ii;norance  and  their  dehasenKMit,  whilst  in  America  one 
of  the  Ireest  and  most  enliu:htened  nations  in  the  world  fnlfdls  all 
the  outward  duties  of  rellijion  with  fervor. 

Upon  my  tirrlval  in  the  United  iStates,  the  religious  aspect 
of  the  country  was  the  first  thin}^  that  struck  my  attention;  and 
the  longer  1  stayed  there,  the  more  did  I  perceive  the  great  po- 
litical consetpuMiccs  residtlng  from  this  state  of  things,  to  which 
I  was  unaccustomed.  In  France  I  had  almost  alw.  ys  seen  the 
spirit  of  religion  and  the  spirit  of  freedom  pursuing  courses  dia- 
metrically opposed  to  eacli  other  ;  but  in  America  I  found  that 
they  were  intimately  united,  and  that  they  reigned  in  common 
over  the  same  country.  jNfy  desire  to  discover  the  causes  of 
this  |)h.enomenon  increased  from  day  to  day.  In  order  to 
sailsty  it,  I  questioned  the  members  of  all  the  diiVerent  sects; 
and  I  more  especially  sought  the  society  of  the  clergy,  who  are 
the  depositaries  of  the  dillercnt  persuasions,  and  who  are  more 
especially  interested  in  their  duration.  As  a  member  of  the 
Roman  Catholic  Church  I  was  more  particidarly  broucrht  into 
contact  with  several  of  its  priests,  with  whom  I  became  intimately 
acquainted.  To  each  of  these  men  I  expressed  my  astonish- 
ment and  I  explained  my  doubts :  1  found  that  they  differed 
upon  matters  of  detail  alone ;  and  that  they  mainly  attributed 
the  peaceful  dominion  of  religion  in  their  country,  to  the  sepa- 
ration of  Church  and  Slate.  I  do  not  hesitate  to  aliirni  that 
37 


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durintf  my  stay  in  America,  I  did  not  meet  witli  a  single  indi- 
vidiKil,  of  llic  clcrcy  (ir  of  the  laiiy,  wlio  was  not  ol"  ilie  same 
Oj)iiii(>n  upon  tliis  point. 

This  led  uie  lo  examine  more  attentivciy  than  I  i:ad  hitherto 
done,  ihe  station  whieh  the  American  cleruy  Gccuj)y  in  poli- 
tical society.  1  learned  witii  surprise  that  they  filled  no  public 
appointments;*  not  one  of  them  is  to  he  nut  with  in  the  admin- 
istration, and  they  are  not  e\en  represented  in  the  legislative 
assemblies.  In  several  Statesf  the  law  exekuies  then)  liom  po- 
litical life;  public  opinion  in  all.  And  when  I  caine  to  incjuire 
into  the  jirevailing  spirit  ol'tlie  clergy,  I  I'oiMid  that  most  of  its 
members  seemed  to  retire  of  their  own  accord  Croni  the  exer- 
cise of  power,  and  tliat  they  made  it  the  ])ride  of  their  profession 
to  abstain  from  politics. 

I  heard  them  inveigh  against  ambition  and  deceit,  under 
whatever  political  opinions  these  vices  might  chance  to  lurk  ; 
but  I  learned  from  their  discourses  that  men  are  not  guilty  in 
the  eye  of  Cod  for  any  opinions  concerning  political  govern- 
ment, which  they  may  profess  with  «.incerity,  any  n)ore  than 
they  are  for  their  mistakes  in  biuliling  a  house  or  in  driving  a 
furrow.  I  perceived  that  these  ministers  of  ihc  ( iospcl  ^'schewed 
all  parties,  with  the  anxiety  attendant  ui)on  personal  interest. 
These  facts  convinced  nie  that  what  I  had  been  told  was  true  ; 
and  it  tlien  became  my  object  to  investigate  then  causes,  and  to 
inquire  how  it  hap[)ened  that  tin  real  authority  of  religion  w  as 
increased  by  a  state  of  things  which  diminished  its  a[)parent 
force  :  these  causes  did  not  long  escaj)c  my  researches. 

The  short  space  of  threescore  years  can  never  content  the 
imagination  of  man  ;  nor  can  the  imperfect  joys  of  this  world 
satisfy  his  heart.  Man  alone,  of  all  created  beings,  dis|)Iays  a 
nf.ural  contempt  of  existence,  and  yet  a  boundless  desire  to 
e?.i&t ;  he  scorns  life,  but  he  dreads  annihilation.  These  dif- 
ferent feelings  incessantly  urge  his  soid  to  the  contemplation  of 
a  future  state,  and  religion  directs  his  musings  thither.     Iveligion 

*  Unless  this  term  be  applieil  to  tlio  fnnclions  wliicli  uia'?y  of  thorn  fill  in  tiie 
Bchools.     Alinoj^t  all  edneation  is  entrnstiMl  to  the  ch-Tgy. 

t  See  the  •  Constitiiiioii  of  New  Yotk.'  art.  7.  v^  4  : 

"And  whereas  the  .■Ministers  of  the  (Jospel  are,  Iiy  tlieir  prnfesjinn  ded'cated 
to  the  service  of  CJod  and  tiie  care  of  souls,  and  oiiirht  not  to  h(!  diverted  fmin 
the  fjreal  duties  of  tiieir  fnnetions:  tliererorc  no  minister  of  the  riospei,  or  priest 
of  any  denomination  wiiatsoever,  siiali  at  any  time  hereafter,  niider  any  ])retenuc 
or  description  wiialever,  he  ehf,'ihle  to,  or  capahle  ol  iiokling  any  civil  or  military 
olfice  or  place  within  this  state." 

fcjee  aUo  the  Constiuitions  of  North  Carolina,  art.  .11.  Virginia.  yoiUh  Caro- 
lina, art.  1.  v\  23.  Kentucliy,  art,  2.  ^  '-HJ.  Tcnnesseo,  art,  5*.  ■.  J.  Louisiana, 
an  2.  ^  22. 


291 


then,  is  simpl)'  notlicr  form  of  hope  ;  and  it  is  no  less  natural 
to  the  luimuii  iif^art  than  hope  itseU".  Men  cannot  abandon 
their  religious  faith  without  a  kind  aberration  of  intellect, 
and  a  sort  of  violent  distortion  of  thi  ir  true  natures ;  but  thev 
are  invinc'bly  brought  back  to  more  pious  sentiments;  for  un- 
belief is  an  accident,  and  faith  is  the  oidy  permanent  state  of 
mankind.  If  we  only  consider  religious  institutions  in  a  purely 
human  point  of  view,  they  may  be  said  to  derive  an  inexhausti- 
ble element  of  strengiii  from  man  himself,  s;nce  they  belong  to 
one  of  the  constituent  j)rinciples  of  human  n^aure. 

I  am  aware  that  at  certain   times,  religion  may    trengthen 
this  iulluence,  which  originates  in  itself,  by  the  artificial  power 
of  the  laws,  and   by  liie  support  of  those  temporal  institutions 
which  direct  society.      Keligions,  intimately  united  to  the  gov- 
ernnjcnts  of  the  earth,  have  been  known  to  exercise  a  sovereign 
authority  derived  from  the  twofold  source  of  terror  and  of  faith  ; 
but  when  a  religion  contracts  an  alliance  of  this  nature,  I  do 
not  hesitate  to  allirm  that  it  commits  the  same  error,  as  a  man 
who  slioiiid  sacrifice  his   future  to  his  present  welfare  ;  and  in 
obtaining  a  ))ower  to  which  it  has  no  claim,  it  risks  that  author- 
ity which    is   rightfully  its  own.     When  a  religion   founds  its 
empire  upon  the  desire  of  immortality  which  lives  in  every  hu- 
man heart,  it  may  asj)ire  to  uni\ers;d   dominion  :   but  when  it 
connects   itself  with  a   government,  it  nnist   necessarily  adopt 
maxiiHs  which  are  only  applicable  to  certain  nations.     Thus, 
in  Ibrming  an  alliance  w  ith  a  political  power,  religion  augments 
its  authority  over  a  few,  and  forfeits  the  hope  of  reigning  over 
all. 

As  long  as  a  religion  rests  upon  those  sentiments  which  are 
the  consolation  of  all  aflliction,  it  may  attract  tlie  aflections  of 
niatdviud.  IWit  if  it  be  mixed  np  with  the  bitter  passions  of  the 
world,  it  inny  be  constrained  to  defend  allies  whoni  its  interests, 
and  not  the  principles  ol' love,  have  given  to  it  ;  or  to  repel  as 
antagonists  men  w  ho  are  still  attached  to  its  own  spirit,  however 
opposed  they  may  be  (o  the  powers  to  which  it  is  allied.  The 
Church  cainiot  share  the  temporal  power  of  the  State,  witliout 
being  the  object  of  a  portion  of  that  animosity  which  the  latter 
excites. 

The  political  powers  which  secMU  to  be  most  firmly  established 
han'  livcpiemly  no  better  guin-antee  f<)r  their  din-ation,  than  the 
opinions  of  a  g  >neration,  th(>  interests  of  the  time,  or  the  life  of 
an  individual.  A  hiw  may  niodity  the  social  condition  which 
seems  to  be  most  fixed  and  determinate  ;  and  w  ith  the  social  coii- 


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dition  every  thing'  else  must  change.  The  powers  of  society  are 
more  or  less  i'ligitivo,  like  the  years  which  wo  spend  n|)on  the 
earth  ;  they  succeed  each  other  with  rapidity  like  the  fleeting- 
cares  of  life ;  and  no  government  has  ever  yet  been  founded  uj)ou 
an  invariable  disposition  of  the  human  heart,  or  upon  an  imperish- 
able interest. 

As  long  as  religion  is  sustained  by  those  feelings,  propensities 
and  passions  which  are  found  to  occur  under  the  s.nne  forms,  at 
all  the  diilcrent  periods  of  history,  it  may  defy  the  eH'orts  of  time  ; 
or  at  least  it  can  only  be  destroyed  by  another  religion.  But 
when  religion  clings  to  the  interests  of  the  world,  it  become^; 
almost  as  fragile  a  thing  as  the  powers  of  earth.  It  is  the  only 
one  of  them  all  which  can  liope  for  immortality ;  but  if  it  be 
connected  with  dieir  ephemeral  authority,  it  shares  dieir  fortunes, 
and  may  fall  with  those  transient  passions  which  supported  them 
for  a  day.  The  allia  u*e  ^^hich  religion  contracts  with  political 
powers  must  needs  be  onerous  to  itself;  since  it  does  not  reqnire 
their  assistance  to  liv  %  and  by  giving  them  its  assistance  it  may 
be  exposed  to  decay. 

The  danger  whicli  I  have  just  pointed  out  always  exists,  but 
it  is  not  always  equally  visible.  In  some  ages  governments  seem 
to  be  imperishable,  in  others  the  existence  of  society  appears  to 
be  more  precarious  than  the  life  of  man.  Souk^  constitutions 
pi  wge  the  citi'/.ens  into  a  lethargic  somnolence,  and  others  vouse 
them  to  feverish  excitement.  When  gtn-ernments  appear  to  be 
so  strong,  and  hn\s  so  st:il}le,  men  do  not  perceive  the  danucrs 
whicli  may  accrue  from  a  union  of  Chnrch  aiul  State.  When 
govermnents  display  so  nuuh  inconstancy,  the  danger  is  sell- 
evident,  but  it  is  no  longer  jiossible  to  avoid  it ;  to  be  efDL'ctuai, 
measures  must  be  taken  to  discover  its  approach. 

In  })r0j)ortion  as  a  nation  assumes  a  democratic  condition  of 
society,  and  as  communities  display  democratic  jiropensities,  it 
becomes  more  and  more  dangerous  to  connect  religion  with  po- 
litical institutions  ;  for  the  time  is  coming  when  iuithority  will  be 
bandied  from  hand  to  hand,  when  jjolitical  theories  will  succeed 
each  other,  and  when  men,  laws,  and  constitutions  w ill  disappear 
or  be  modified  from  day  to  day,  and  this  not  for  a  season  only, 
bat  unceasingly.  Agitation  and  mutability  are  inherent  in  the 
nature  of  denu)cratic  re])ul)lics,  just  as  stagnation  and  inertness 
are  the  law  of  absolute  monarchies. 

If  the  Americans,  who  change  the  head  of  the  Government 
once  in  four  years,  w  ho  «'lect  new  legislators  every  two  years, 
and  renew  the  provincial  ollicers  every  twelvemonth  ;  if  the 


293 


minicnt 


Americans,  who  have  abandoned  the  political  world  to  the  at- 
tempts of  innovators,  had  not  placed  relii>:ion  beyond  their  reach, 
nliere  conld  it  abide  in  the  ebb  and  How  of  hnman  opinions  ? 
uliere  would  that  respect  which  belonijs  to  it  be  paid,  amidst  the 
strutig'les  of  faction  ?  and  what  would  become  of  its  immortality, 
in  the  midst  of  jierpetnal  decay  ?  The  American  clerjL!;y  were 
the  first  to  jierceive  Miis  triuh,  and  to  act  in  conformity  with  it. 
Tiiey  saw  that  they  nuist  renounce  their  reliijious  influence,  if 
they  were  to  strive  for  political  power ;  and  they  ehose  to  g-ive 
nj)  the  s.i])port  of  the  State,  rather  than  to  share  its  vicissitudes. 
In  America,  reliuion  is  perhaps  less  powerful  than  it  has  been 
at  ceitain  periods  in  the  history  of  certain  jieoples ;  but  its  influ- 
ence is  more  lasting',  it  restricts  itself  to  its  own  resources,  but 
of  those  none  can  deprive  it:  its  cinde  is  limited  to  certain  prin- 
(•ij)les,  l)ut  tiiose  |)rinclples  are  entirely  its  own  and  nnder  its 
undisputed  control. 

On  every  side  in  J'iUrojie  we  hear  voices  complaining^  of  the 
nlfsence  of  reliiiions  faith,  and  inquiring;  the  means  of  restorinj^ 
to  '"nion  some  renmant  of  its  pristine  authority.  It  seems  to 
I.  u  we  nnisl  first  atteiuively  consider  what  oup:ht  to  be  i/ie 
iHiliinil  sidfe  of  men  with  rei^ard  to  relii;ion,  at  the  present  time; 
und  when  v.e  know  what  we  have  to  ho|)e  and  to  fear,  we  may 
diseein  the  end  to  which  our  elforts  ouuht  to  be  directed. 

The  two  ureat  danu^ers  which  tlneaten  the  existence  of  reli- 
iiions  are  schism  and  indifl'erence.  In  a^es  of  fervent  devotion, 
men  sometimes  abandon  their  reliijion,  but  they  only  shake  it  ofl' 
ill  order  to  adopt  another.  Their  fiiitli  chanires  the  objects  to 
which  it  is  directed,  but  it  snfii'rs  no  decline.  The  old  relii^ion 
then  excites  enthusiastic  attachment  or  bitter  enmity  in  either 
party  ;  >ome  leave  it  with  aimer,  others  elintz,'  to  it  with  incr(>ased 
iUid  allhoiiLih  persuasions  difii  r,  inelijiion  is  un^ 
li.  however,  is  not  the  case  when  a  religious  belief 
'  I'uiined  by  doctrines  which  may  be  termed  nei^a- 
'.  u*  MV  the  truth  of  one  reliuion  without  allirmint^ 
that  of  any  4).  (  .  Prodiuions  revolutions  then  take  place  in 
the  human  mlntl,  \.  ithiout  the  apparent  co-operation  of  the  pas- 
sions (»f  man,  ail'!  almost  without  his  knowledtre.  Men  lose  the 
objects  of  their  fondest  hopes,  as  if  throuiih  fi)ri;etfiilness.  They 
are  carried  away  by  an  imperceptibh?  vurrent  which  they  have 
not  the  conraii'c  to  stem,  hut  which  they  follow  with  reij;ret,  since 
it  hears  them  from  a  fiilth  they  love,  to  a  scepticism  that  plunges 
them  iH^>  despair. 
In  ' :  ( 3  w  hich  answer  to  this  description,  men  desert  their  re- 


devotedness, 
known,  t"^- 
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liG;ious  opinions  from  Inkewarmness  rather  than  from  dislike ; 
they  do  not  reject  them,  but  the  sentiments  by  which  they  were 
once  fostered,  disappear.  }3iit  if  tlic  unbelievers  docs  not  admit 
religion  to  be  true,  he  still  considers  it  useful.  Rep;ardin|2;  reli- 
p;ious  institutions  in  a  human  point  of  view,  he  acknowledges 
their  inlluence  upon  manners  and  leg^islation.  He  admits  that 
they  may  serve  to  make  men  live  in  peace  Avith  one  another,  and 
to  prepare  them  f2:ently  lor  the  hour  of  death.  He  rep;rets  the 
faith  which  he  has  lost ;  and  as  he  is  deprived  of  a  treasure  which 
he  has  learned  to  estimate  at  its  full  value,  he  scruples  to  take  it 
from  those  who  still  ))ossess  it. 

On  the  other  hand,  those  who  continue  to  believe  are  not  afraid 
openly  to  avow  their  faith.  They  look  upon  those  who  do  not 
share  their  persuasion  as  more  worthy  of  pity  than  of  opposition: 
and  they  are  aware,  that  to  acquire  the  esteem  of  the  unbeliev- 
insx,  they  are  not  oblifr  '  to  iollow  their  example.  They  are 
hostile  to  no  one  in  the  Wv.  .md  as  they  do  not  consider  the 

society  in  which  they  live  as  n*ena  in  which  relif^ion  is  bound 
to  face  its  thousand  deadly  foes,  they  love  their  contemporaries, 
whilst  they  condenm  their  weaknesses,  and  lament  their  errors. 

As  those  who  do  not  believe,  conceal  their  incredulity;  and 
as  those  who  believe,  display  their  faith,  public  opinion  pro- 
nounces itself  in  favor  of  reliiiion:  love,  support,  and  honor  are 
bestowed  upon  it,  and  it  is  only  by  searching;'  the  human  soul, 
that  we  can  detect  the  wounds  which  it  has  received.  The  mass 
of  mankind,  who  are  never  without  the  feelinu;  of  reliiiion,  do 
not  perceive  aiiythint!:  at  variance  with  the  established  faith. 
The  instinctive  desire  of  a  future  life  brings  the  crowd  about  the 
altar,  and  opens  the  hearts  of  men  to  die  precepts  and  consola- 
tions of  reliirion. 

But  this  })icture  is  not  applicable  to  us ;  for  there  are  men 
amongst  us  who  have  ceased  to  believe  in  Christianity,  without 
adopting  any  other  religion  ;  others  who  are  in  the  perplexities 
of  doubt,  and  who  already  adect  not  to  believe ;  and  others, 
again,  who  are  afraid  to  a\  ow  that  Christian  faith,  which  they 
still  cherish  in  secret. 

Amidst  these  hd<ewarm  partisans  and  ardent  antagonists,  a 
small  number  of  believers  exists,  uho  are  ready  to  brave  all  oIj- 
stacles,  and  to  scorn  all  dangers,  in  defence  of  their  faith.  They 
have  done  violence  to  human  weakness,  in  order  to  rise  superior 
to  ))ubli(!  opinion.  Jvxcited  by  the  efibrt  they  have  mr.de,  they 
scarcely  know  where  to  stop ;  and  as  they  know  that  the  first 
use  which  the  French  made  of  independence  was  to  attack  reli- 


iiF'1 


I     I 


295 

gion,  they  look  upon  their  cotemporaries  ulth  dread,  and  they 
recoil  in  alarm  from  the  liberty  which  their  fellow-citizens  are 
seeking  to  obtain.  As  unbelief  appears  to  them  to  be  a  novelty, 
they  comprise  all  that  is  new  in  one  indiscriminate  animosity. 
They  are  at  war  with  their  age  and  country,  and  they  look  upon 
every  opinion  which  is  put  forth  there  as  the  necessary  enemy  of 
the  Faith. 

Such  is  not  the  natural  state  of  men  with  regard  to  religion  at 
the  present  day  ;  and  some  extraordinary  or  incidental  cause 
must  be  at  work  in  France,  to  prevent  the  human  mind  from  fol- 
lowing its  original  propensities,  and  to  drive  beyond  the  limits 
at  which  it  ought  naturally  to  stop. 

I  am  intimately  convinced  that  this  extraordinary  and  inci- 
dental cause  is  the  close  connexion  of  politics  and  religion.  The' 
unbelievers  of  Europe  attacli  the  Christians  as  their  poHtical  op- 
ponents, rather  than  as  their  religions  adversaries  ;  they  hate  the 
Christian  religion  as  the  opinion  of  a  party,  much  more  than  as 
an  error  of  belief;  and  they  reject  the  clergy  less  because  they 
are  the  representatives  of  the  Divinit} ,  than  because  they  are  the 
allies  of  authority. 

In  Europe,  Christianity  has  been  Intimately  united  to  the 
powers  of  the  earth.  Those  powers  are  now  in  decay,  and  it 
is,  as  it  were,  burled  luider  their  ruins.  The  living  body  of  re- 
ligion has  been  bound  down  to  the  dead  corpse  of  superannua- 
ted polity ;  cut  but  the  bonds  which  restrain  it,  and  that  which 
is  alive  w  ill  rise  once  more.  1  know  not  what  could  restore  the 
Christian  Church  of  Europe  to  the  energy  of  its  earlier  days ; 
that  power  belongs  to  (Jod  alone;  but  it  may  be  the  edect  of 
human  pohcy  to  leave  the  Faidi  in  the  full  exercise  of  the  strength 
which  it  still  retains. 


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296 


HOW  THE  INSTRUCTION,  THE  HABITS,  AND  THE  PRACTICAL  EX- 
PERIEXCE  OF  THE  AMERICANS  PROMOTI-:  THE  SUCCESS  OP 
THEIR  DEMOCRATIC  INSTITUTIONS. 


f  *»    ' 
I 

I'   ' 


WliHt  is  to  be  understood  by  tlio  instnirtion  of  tho  Amcilcaii  poople. — The  hii- 
iiiiiii  mind  more  superficially  instructed  in  the  United  States  than  in  I'.in'opc. — 
No  one  coniph'tely  nninstrncted  — Reason  of  this. — liaijidily  svitii  whicii  opin- 
ions are  ditrnsed  even  in  liie  nncoltivated  States  of  the  West. — Practical  ex- 
perience more  servicc'ihle  to  the  Americans  tliau  hooli-learmng. 

I  HAVE  but  littlp  to  add  to  wliat  T  have  already  said,  roncerninq; 
the  influence  wliich  the  instruction  and  the  habits  of  tlie  Ameri- 
cans exercise  upon  the  maintenance  of  their  political  institutions, 

America  has  hitherto  produced  very  few  writers  of  distinc- 
tion ;  it  possesses  no  great  historians,  and  not  a  sint;le  eminent 
poet.  The  inhabitants  of  that  country  look  upon  what  are  [pro- 
perly styled  literary  pursuits  with  a  kind  of  disajiprobation  ;  and 
there  are  towns  of  very  second-rate  importance  in  iMu-ope,  in 
whicli  more  literary  works  are  annually  pui)lislu <1,  than  in  the 
twenty-four  States  of  the  Union  put  together.  'J'he  spirit  of  the 
Americans  is  averse  to  ijeneral  ideas ;  and  it  does  not  ^eek  theo- 
retical discoveries.  Neither  politics  nor  manufactures  direct 
tliem  to  these  occuj)atioi)s ;  and  althotii;h  new  laws  are  perfx'tu- 
allv  enacted  in  the  United  States,  no  ureat  writers  have  hitherto 
inquired  into  the  principles  ol  their  leg^islation.  The  Americans 
have  lawyers  and  commentators,  but  no  jurists ;  and  they  fur- 
nish examples  rather  than  lesions  to  the  world.  The  same  ob- 
servation applies  to  the  mechanical  arts.  In  America,  the  inven- 
tions of  Europe  are  adopted  with  sag'acity;  they  are  jjerfected, 
and  adapted  with  admirable  .-^!  -11  to  the  wants  of  the  coimtry. 
Manufactures  exist,  but  the  science  of  mamifactin-e  is  not  culti- 
vated ;  and  they  have  good  workmen,  but  very  few  inventors. 
Fulton  was  obliged  to  proller  his  ser\  ices  to  foreign  nations  for 
a  long  time  before  he  was  able  to  devote  them  to  his  own  country. 

The  observer  who  is  desirous  of  forming  an  opinion  on  the 
state  of  instruction  amongst  the  Anglo-Americans,  must  con- 
sider the  same  ohject  from  two  diHerent  points  of  view.  I(  he 
only  singles  out  the  learned,  he  will  be  astonished  to  find  how 
rare  they  are ;  but  if  he  counts  the  ignorant,  the  American  pco- 


297 


pie  will  appear  to  be  the  most  enlightened  community  in  the 
world.  The  \\hole  population,  as  I  observed  in  another  place, 
is  situated  between  these  two  extremes. 

In  New  Enji^land,  every  citizen  receives  the  elem(.'ntary  notions 
of  human  knowledge ;  he  is  moreover  taught  the  doctrines  and 
the  evidences  of  his  religion,  tiie  history  of  his  country,  and  the 
leading  features  of  its  Constitution.  In  the  States  of  Connec- 
ticut and  IVIassachusetts,  it  is  extremely  rare  to  find  a  man  im- 
perfectly acquainted  wiUi  all  these  things,  and  a  person  wholly 
ign.-rant  of  them  is  a  sort  of  phaMiomenon. 

When  I  compare  the  Creek  ami  Itoman  IJepublics  with  these 
American  States ;  the  manuscript  libraries  of  the  former,  and 
their  rude  population,  with  the  innumerable  journals  and  the 
enlightened  people  of  the  latter ;  when  1  remember  all  the  at- 
tempts which  are  made  to  Judge  the  nu)dern  republics  by  the 
assistance  of  those  of  antiquity,  arul  to  infer  what  will  happen 
iu  our  time  from  w  hat  took  place  two  thousand  years  ago,  1  am 
tempted  to  burn  my  books,  in  order  to  apply  none  but  novel 
ideas  to  so  novel  a  condition  of  society. 

What  J  have  said  of  New  England  must  not,  however,  be 
applied  indistinctly  to  the  whole  Union  :  as  we  advance  towards 
the  \V  est  or  the  South,  the  instruction  of  the  peojile  diminishes, 
bi  the  States  which  are  adjacent  to  the  Culf  of  Mexico,  a  cer- 
tain number  of  indivnluals  may  be  found,  as  in  our  own  coun- 
tries, who  are  devoid  of  the  rudiments  of  instruction.  But  there 
is  not  a  single  district  in  the  United  States  sunk  in  complete  igno- 
rance ;  and  for  a  very  simple  reason  •  the  peoples  of  Europe 
started  from  the  darkness  of  a  barbarous  condition,  to  advance 
t(nvar(ls  the  light  of  civilization ;  their  progress  has  l)een  unequal ; 
some  of  them  have  improved  apace,  whilst  others  have  loitered  in 
their  course,  and  some  have  stopped,  and  are  still  sleeping  upon 
die  way. 

Such  has  not  been  the  case  in  the  United  States.    The  Anglo- 
Americans   settled  in  a  state  of  civilization,  upon  that  territory 
which  their  descendants  occupy  ;  they  had  not  to  begin  to  learn, 
and  it  was  suiHcient  not  to  forget.     Now  the  children  of  these 
same  Americans  are  the  persons  who,  year  by  year,  transport 
their  dwellings  into  the  w  ilds  :  and  w  ith  tiieir  dwellings  their  .ac- 
quired information  and  their  esteem  for  knowledge.     Education 
1ms  taught  them  the  utility  of  instruction,  and  has  enabled  them 
to  transmit  that  instruction  to  their  posterity.     In  the  United 
States  society  has  no  infancy,  but  it  is  born  in  man's  estate. 
The  Americans  never  use  the  word  'peasant,'  because  they 
38 


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'  •■'♦. 


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have  no  idea  of  the  peculiar  class  which  that  term  denotes ;  the 
itrnorancc  of  more  remote  nives,  the  simplicity  of  riirnl  life,  and 
the  rusticity  of  the  villaiicr  have   not  been  preserved  amonprst 
them  ;  and  they   are   alike  unacquainted  with  the  virtues,  the 
vices,  the  coarse  hal)its,  and  the  siinj)Ie  graces  of  an  early  statjo 
of  civilization.     At  the    extreme    borders  of   the    confederate 
t-5tates,  upon  the    coufmes   of  society  and   of  the    wilderness,  a 
jiopulation  of  bold  adventurers  have  taken  u[)  their  al)ode,  who 
pierce  the  solitudes  of  the  American  woods,  and   seek  a  country 
tlicre,  in  order  to  escape  that  poverty  which  awaited  them  in 
their  native  provinces.     As  soon  as  the  pioneer  arrives  upon  the 
spot  which  is  to  serve  him  for  a  retreat,  lie  lells  a    fl'w  trees  and 
builds  a  lof2:-house.     TVothint:;  can  oiler  a   more  miserable  aspect 
than  these  isolated  dwellin^^s.       'Phe  traveller  w  ho    approaches 
one  of  them  towards  niiiht-lidl,  sees  the  tlickeroi  tla  hearth-flame 
throutch  the  chinks  in  the  walls ;  and  at  nijuht,  if  the  w  ind  rises, 
he  hears  the  roof  of  bouu,hs  shake  to  and  tro  in  the  midst  of  the 
great  forest  trees.     Who  would  not  suppose  that  this  poor  hut 
is  the  asylum  of  rudeness  and  ipiorance  ?     Yet  no  sort  of  com- 
parison can  be  drawn  between  the   j)ioneer  and  the  dwelliui^ 
which  shekers  him.     Everythint!:  about  him  is  primitive  and  un- 
formed, but  he  is  himself  the  result  of  the  labor  and  the   expe- 
rience of  eighteen  centuries.  lie  wears  the  dress,  and  he  speaks 
the  laniiuacre  of  cities  ;  he  is   a((|uaiuted  with  the    past,  curious 
of  the  future,  and  ready  for  ariziimentuj)on  the  present ;  he  is,  in 
short,  a  Jiltrhly  civili/ed  beinir,  \\ho  consiMits,  for  a  time,  to  inhabit 
the  back-woods,  and  who  penetrates   into  the  wilds   of  a   ?scu 
World  w  ith  the  Bible,  an  axe,  and  a  fde  of  new  spapers. 

It  is  didicult  to  imajj^ine  the  incredible  rapidity  with  whicli 
public  oj)inion  circu!at<'s  in  the  midst  of  these  deserts.*  1  do 
not  think  that  so  nuudi  intellectual  intercourse  takes  place  in  the 
most  enlightened  and  populous  districts  of  France. "j"     It  cannot 

*  I  travelled  along  a  portion  of  the  frontier  of  the  Ignited  States  in  a  sort  nf 
cart  whicli  was  termed  the  mail.  We  parsed,  day  and  ni<,'lit,  with  f^reat  rajiidiiy 
along  roads  wliich  were  searccly  marked  out,  tiiroiijih  immense  forests ;  when 
the  iiioom  of  the  woods  hoeanie  im|ienetrahie,  th  coachman  lighted  branches  of 
Jir  and  we  journeyed  along  hy  the  light  they  cast,  I'rom  time  to  lime  we  eanie 
to  a  hilt  in  the  midst  of  the  forest,  which  was  a  post-oflice.  The  mail  drojjpid 
an  enormous  bundle  of  letters  at  the  door  of  this  isolated  dwelling,  and  we  pur- 
sued oiir  way  at  full  gallop,  leaving  the  inhabitants  of  the  neighboring  log-houses 
to  send  for  llieir  share  of  the  treasure. 

I  In  ]i^;V2.  each  inhabitant  of  Mirliigan  i)aid  a  snm  eqnivalent  to  1  franc  i3vJ 
centimes  (French  nmney)  to  the  post-odice  revenue  ;  and  each  inhabitant  of  the 
Floridas  paid  I  fr.  5  cent.  (See  iVation.ii  Calendar,  l^t^li,  p.  244.)  In  the  .same 
ye:ir  each  inhabitant  of  the  J)epaireinent  dii  ^ord  paid  1  fr.  4  cent,  to  the  reve- 
nue of  the  French  post-ofScd.    (See  the  Comptc  rendu  de  V administration  des 


*l 


299 


be  doubled  tbat  In  the  United  States,  tbe  instruction  of  tbe  people 
powerfully  contributes  to  tbe  support  of  a  democratic  republic ; 
and  sucb  must  always  be  tlie  case,  1  believe,  wliere  instruction 
wliich  awakens  tlic  understanding-,  is  not  separated  from  moral 
education  wliicb  amends  Uie  lieart.  But  I  by  no  means  exagij;e- 
rate  tliis  benefit,  and  lam  still  furtlier  from  tbinking',  as  so  many 
people  do  tliink  in  Europe,  tbat  men  can  be  instantaneously  made 
citizens  by  teacbinjjj  tbem  to  read  and  write.  1'rue  information 
is  mainly  derived  Irom  ex))erience,  and  if  tbe  Americans  bad  not 
been  g^radually  accustomed  to  .govern  tbemselves,  tbeir  book- 
learnlue;  would  not  assist  tbem  nmcb  at  tbe  present  day. 

I  bave  lived  a  i>reat  deal  witb  tbe  people  in  tbe  United  States, 
and  1  caimot  express  bow  nuu-b  1  a(buire  tbeir  experience  and 
their  jT;'ood  sense.  An  American  should  never  be  allowed  to 
sj)eak  of  Europe  ;  for  b(>  will  then  probal)ly  display  a  vast  deal 
of  presuujption  and  very  foolish  pride,  lie  will  take  up  wiUi 
those  crude  and  vague  notions  which  are  so  useful  to  tbe  igno- 
rant all  over  the  world.  But  if  you  f|uestion  bim  respecting  bis 
own  country,  tbe  cloiul  which  diunned  bis  intelligence  will  imme- 
diately disj)erse;  bis  language  will  become  as  clear  and  as  pre- 
cise as  his  thoughts,  lie  will  inform  you  what  bis  rights  are, 
and  by  what  means  be  exercises  thei»i ;  be  will  be  able  to  point 
out  the  customs  which  obtain  in  tbe  })olilical  world.  You  will 
fiml  diat  he  is  well  actpiainted  witb  tbe  rules  of  tbe  administra- 
tion, and  that  be  is  familiar  widj  the  mechanism  of  the  laws. 
The  citizen  of  the  ['nited  States  does  not  acquire  bis  j)ractical 
science  and  his  j)ositive  notions  from  books  ;  the  instruction  be 
has  acquired  may  bave  j)repared  bim  lor  receiving  those  ideas, 
but  It  did  not  furnish  tbtnu.  Tbe  American  learns  to  know  the 
laws  by  particij)ating  in  die  act  of  legislation ;  and  be  takes  a 
lesson  in  the  forms  ol"  government,  from  governing.  Tbe  great 
work  of  society  is  ever  going  on  beneath  his  eyes,  and,  as  it  were, 
under  bis  hands. 

In  the  tinted  States  j)olitics  are  tbe  end  and  aim  of  education  ; 
in  Europe  its  principal  object  is  to  iit  men  for  private  life.  Tbe 
interiereiu^e  of  tbe  citizens  in  public  ailairs  is  too  rare  an  occur- 
rence for  it  to  be  anticijiated  beforehand.  C])on  casting  a  glance 
over  society  in  tbe  two  hemispheres,  these  dillereiices  are  indi- 
cated even  by  its  external  aspect. 

Finiinrcs,  1833,  p.  f)33.)  Now  the  State  of  IMichij^an  only  contained  at  that  time 
7  inhabitants  |)er  square  league ;  and  Fioiida  only  5:  the  instruction  and  tiie 
counnercial  activity  of  these  districts  is  inlenor  to  that  of  most  of  the  States  in 
tlie  Union ;  whilst  the  Dep.irteiuent  du  JS'ord,  which  contains  3,400  inhabitants 
per  square  league,  is  one  of  the  most  enlightened  and  manufacturing  parts  of 
France. 


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300 

In  Envnpo  wo  firqiiontlv  Introdnco  tlio  Itlens  and  the  liabits  of 
privatr  liCc  into  j)ul)lic  afliiirs ;  and  as  \\v  pass  at  once  from  tlio 
donu'stic  ciirlc  to  thr  u:ovornnicnt  of  the  State,  we  may  (Veqncnt- 
ly  he  heard  to  (hsenss  tlie  preat  interests  of  soeiety  in  the  same 
maimer  in  ^vhieh  vvc  eonvcrse  witli  our  friends,  'f'he  Ameri- 
cans, on  tlie  other  hand,  transfuse  the  habits  of  public  life  into 
their  mai.  lers  in  private ;  and  in  their  country  the  jury  is  intro- 
duced into  the  j^ames  of  schoolboys,  and  parhamentary  forms 
are  observed  in  the  order  of  a  feast. 


I- 


k«<  III 


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t 


« 


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V-l 


J  ' 


THE  LAWS  COXTRIBFTE  MOUE  TO  THE  MATXTEXAXCE  OV  THE 
DEMOCRATIC  HEPI'RLIC  IN  THE  UNITED  STATES  THAN  THi: 
rHVSTCAL  CTUCUMSTANCES  OF  THE  COUNTRY,  AND  THE 
MANNERS  MORE  THAN  THE  LAWS. 

All  the  nations  of  America  liave  a  democratic  state  of  society. — Yet  democratic 
institutions  only  subsist  amongst  tlie  Anglo-Americans. — The  Spaniards  of 
youth  America  r(iualiy  favored  by  pliysical  causes  us  the  Angio-.Americans, 
iinahle  to  maintaiu  a  democratic  repul)lic. — ^Fexico,  whicli  has  adopted  the 
Constitution  of  the  United  States,  in  the  same  predicament. — The  Anglo-Aiue- 
ricaus  of  tlie  West  less  able  to  maintain  it  than  those  of  the  Last. — lleason  of 
these  diUerent  results. 

I  HAVE  remarked  that  the  maintenance  of  democratic  institu- 
tions in  the  Tnited  States  is  attributable  to  the  circmnstances, 
the  laws,  and  the  manners  of  that  coimtry.*  Most  Europeans 
are  only  acquainted  with  the  first  of  these  three  causes,  an(l  they 
are  apt  to  give  it  a  prej)onderating  imjiortance  which  it  docs  not 
really  possess. 

It  is  true  that  the  Anglo-Americans  settled  in  the  New  "SS^orld 
in  a  state  of  social  equality ;  the  low-l)orn  and  the  noble  A\ere 
not  to  ])e  found  amongst  them  ;  and  professional  preji.  iices 
were  always  as  entirely  unknown  as  the  prejudices  of  birth. 
Thus,  as  the  condition  of  society  was  democratic,  the  empire  of 
democracy  was  established  without  difiiculty.  But  this  circum- 
stance is  by  no  means  peculiar  to  the  United  States ;  almost  all 

*  I  remiud  the  reader  of  the  jreneral  signification  which  I  give  to  tlie  word 
miinnrrs,  namely,  the  moral  and  intellectual  characteristics  of  social  man  taken 
collectively. 


301 


tlio  transatlantic  colonios  wore  foundod  by  men  equal  amonn;st 
themselves,  or  who  hcranie  so  by  illl^al)itin^•  them.  In  no  one 
])art  of  the  New  World,  hiive  Europeans  been  able  to  ereate  an 
aristoeraey.  Nevertheless  democratic  institutions  prosper  no- 
where but  in  the  United  States. 

Till-  American  lnion  has  no  enemies  to  contend  with;  it 
stands  in  the  wilds  like  an  island  in  the  o<ean.  Hut  the  Span- 
iards of  South  America  were  no  less  isohited  by  nature  ;  yet 
their  position  has  not  relieved  them  from  the  cliarf>(>  of  standing 
armies.  They  make  war  upon  each  other  when  they  have  no 
foreii>;n  enemies  to  oppose;  and  the  Anglo-American*  democra- 
cy is  the  only  one  which  has  hitherto  been  able  to  maintain  itself 
in  peace. 

The  territory  of  the  TTnion  presents  a  boujidless  field  to 
human  activity,  and  inexhaustible  materials  for  industry  and 
labor.  The  passion  of  wealth  takes  the  place  of  ambition,  and 
the  warmth  of  faction  is  mitigated  by  a  sense  of  prosperity. 
But  in  what  portion  of  the  glohe  shall  we  meet  with  nu)re  fertile 
plains,  with  mightier  rivers,  or  with  more  unexplored  and  inex- 
liaustible  riches,  than  in  South  America  ? 

Nevertheless,  Soutli  America  has  been  unable  to  maint^/m  de- 
mocratic institutions.  Jf  the  vvilare  of  nations  depended  on 
their  being  j)laced  in  a  remote  position,  with  an  luibounded  space 
of  habitable  t<'rritory  before  them,  the  Spaniards  c.f  South  Ame- 
rica would  have  no  reason  to  complain  of  their  f;;t^.  And 
although  thev  might  enjoy  less  prosperity  than  the  inhal)itants 
of  the  Lniteil  States,  their  lot  might  still  be  such  as  to  excite 
the  envy  of  some  nations  in  Euroj)e.  There  are,  however,  no 
nations  u|)on  the  fac(!  of  the  earth  more  miserable  than  those  of 
South  America. 

Thus,  not  only  are  physical  causes  inadequate  to  produce  re- 
sults analogous  to  those  which  occur  in  Norili  America,  but  they 
are  unable  to  raise  the  population  of  South  America  above  the 
level  of  Kurojjcan  States,  where  they  act  in  a  contrary  direction. 
IMivsical  causes  do  not  tlierefore  aliect  the  destiny  of  nations  so 
much  as  has  been  sup|)osed. 

I  have  met  ^^ith  men  in  New  England  who  were  on  the  point 
of  leaving  a  country,  where  they  might  have  remained  in  easy 
circumstances,  to  go  to  seek  their  fortune  in  the  wilds.  Not  far 
from  that  district  1  found  a  French  population  in  Canada  whicli 
was  closely  crowded  on  a  narrow  territory,  although  the  same 
wilds  were  at  hand  ;  and  whilst  the  emigrant  from  the  United 
States  purchased  an  extensive  estate  with  the  earnings  of  a  short 


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term  of  labor,  the  Canadian  )  aid  as  niiirli  for  land  as  ho  woidd 
liavc  done  in  Frame.  iXature  oilers  the  solitudes  of  the  New 
World  to  Miu'opeaiis ;  hut  they  are  not  always  aequainted  with 
the  im'ans  of  turuinu;  her  ^ifts  to  aceount.  Other  pcojjles  of 
Anieriea  have  the  same  physical  eonditions  of  prosperity  as  the 
Auiflo-Amerieans,  hut  with  .it  tiieir  laws  aiul  their  maimers  ;  and 
these  peoples  are  w  retched.  The  laws  and  manners  of  the  Anu,Io- 
Ameriiaiis  ar<'  therefore  that  eilicient  cause  of  their  greatness 
which  is  the  object  of  my  inquiry. 

I  am  far  I'rom  supposinu;  that  the  American  laws  are  pre-emi- 
nently fj^ood  in  themselves ;  1  do  not  hold  them  to  be  applicable 
to  all  democratic  j)eoples ;  and  several  of  them  seem  to  me  to  be 
danu,erous,  even  in  tlie  I  iiited  States.  iXevertheless,  it  cannot 
be  denied  that  the  American  legislation,  taken  collectively,  is 
rvtremely  well  adapted  to  the  fj^niiis  of  the  people  and  the  nature 
of  the  country  which  it  is  intended  to  govern.  The  American 
laws  are  tlu'refore  ^ood,  and  to  them  must  be  attributed  a  laru:e 
portion  of  the  success  which  attends  the  ^^overnmeiit  of  demo- 
cracy in  America  :  but  1  do  not  believe  them  to  be  the  principal 
cause  of  that  success ;  and  if  they  seem  to  me  to  have  more  in- 
fluence upon  the  social  happiness  of  the  Americans  than  the 
nature  of  the  country,  on  the  other  hand  there  is  reason  to  believe, 
that  their  cllect  is  still  inferior  to  that  produced  by  the  manners 
of  the  people. 

The  Federal  laws  undoubtedly  constitute  the  most  important 
part  of  the  leirislation  of  the  I  iiited  States.  Mexico,  which  is 
not  less  fortunately  situated  than  the  Anu:lo-Americaii  Union, 
has  adopted  these  same  laws,  but  is  unable  to  accustom  itself,  to 
the  pfovernmeiit  of  democracy.  Some  other  cause  is  therefore 
at  work  independently  of  those  physical  circumstances  and  pe- 
culiar laws  which  enable  the  democracy  to  rule  in  the  Lnited 
States. 

Another  still  more  strikini^  proof  may  be  adduced.  Almost 
all  the  inhabitants  of  the  territory  o*'tlie  Union  are  the  descend- 
ants of  a  common  sto<k ;  they  speak  the  same  lan^•uau:e,  they 
worshij)  Cod  in  the  same  manner,  they  are  allected  by  the  same 
physical  causes,  and  they  obey  the  same  laws.  Whence,  then, 
do  their  characteristic  di/lerences  arise  ?  Why,  in  the  Eastern 
States  of  the  Union,  does  the  republican  (jovernment  display 
viijor  and  regularity,  and  proceed  with  mature  deliberation  .'' 
^\  hence  does  it  derive  the  wisdom  and  the  durability  which 
mark  its  acts,  whilst  in  the  Western  States,  on  the  contrary,  so- 
ciety seems  to  be  ruled  by  the  powers  of  chance .''     There,  pub- 


303 


lie  business  is  conducted  with  an  iiTOGfulanty  nnd  a  passionato 
iuid  feverish  excitement,  which  dues  not  announce  a  U)nf,?  or  sure 
duration. 

I  am  no  lonccer  comparina;  the  Ani?Io-AmerIran  States  to 
foreiu;n  nations ;  but  I  am  contrasting;  tliem  with  each  other, 
and  endeavoring;  to  discover  why  they  are  so  unlike.  The  ar- 
iruments  which  are  derived  from  the  nature  of  the  country  and 
the  tlid'erence  of  legislation,  are  h(>re  all  set  aside.  Hecourse 
must  be  had  to  some  other  cause  ;  and  what  other  cause  can 
there  be  except  the  manners  of  the  p('oj)le  ? 

It  is  in  the  Kastern  States  that  the  Anglo-Americans  have 
been  longest  accustomed  to  the  government  of  dcnujcracy,  and 
that  they  have  adopted  the  habits  and  conceived  the  notions 
most  favorable  to  its  maintcimiu'C.  Democracy  has  tj^raduallv 
j)enetrated  into  their  customs,  their  opinions,  and  the  forms  of 
social  intercourse ;  it  is  to  be  found  in  all  the  details  of  daily 
life  equally  as  in  the  laws.  In  the  Eastern  States  the  instruction 
aiul  |)ractical  educalion  of  the  people  hn\o  bc-en  most  perfected, 
and  religion  has  been  most  thoroughly  amalgamated  with  liberty. 
JSow  these  habits,  opinious,  «'ustoms,  and  convictions  are  pre- 
cisely the  constituent  elements  of  that  which  I  have  denominated 
manners. 

hi  the  Western  States,  on  the  contrary,  a  portion  of  the 
S'  advantages  is  still  wanting.  Many  of  the  Americans  of 
t  est  were  born  in  the  woods,  and  they  mix  the  ideas  and 

the  customs  of  savage  life  with  the  civilization  of  their  parents. 
Their  passions  are  luore  intense ;  their  religious  morality  less 
authoritative ;  and  their  convictions  less  secure.  The  inhabi- 
tants exercise  no  sort  of  control  over  their  fellow-citizens,  for 
they  are  scarcely  ac(|uainted  with  each  other.  The  nations  of 
the  West  dis|)lay,  to  a  certain  extent,  the  inexperience  and  the 
rude  hal)its  of  a  jieople  in  its  infancy ;  for  ahhough  they  are 
composed  of  old  elements,  their  assemblage  is  of  recent  date. 

The  manners  of  the  Americans  or  the  Tuited  States  are,  then, 
the  real  cause  which  renders  that  people  the  only  one  of  the 
American  nations  that  is  able  to  support  a  democratic  Govern- 
ment ;  and  it  is  the  influence  of  manners  which  produces  the 
flid'erent  degrees  of  order  and  of  prosperity,  that  may  be  distin- 
guished in  tlie  several  Anglo-American  democracies.  Thus 
the  elfect  m  hich  the  geographical  position  of  a  country  may  have 
upon  the  duration  of  democratic  institutions  is  exaggerated  in 
Europe.  Too  much  importance  is  attributed  to  legislation,  too 
little  to  manners.     These  three  great  causes  serve,  no  doubt,  to 


I 


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itrtit 


1^*  ^^ 


304 

regulate  and  direct  the  American  democracy ;  but  if  they  were 
to  he  classed  in  their  proper  order,  I  should  say  that  the  physic  d 
circumstances  are  less  efficient  than  the  laws,  and  the  laws  very 
subordinate  to  the  manners  of  the  people.  I  am  convinced  thn.t 
the  most  advantageous  situation  and  the  best  possible  laws  can- 
not maintain  a  constitution  in  spite  of  the  manners  of  a  country  : 
wliilst  the  laiier  may  turn  the  most  unfavorable  positions  and  the 
worst  laws  to  some  advantage.  The  importance  of  manners  is 
a  Lommon  truth  to  which  study  and  experience  incessantly  direct 
orr  attention.  It  may  be  regarded  as  a  central  point  in  the 
rang-e  of  human  observation,  and  tlie  common  termination  of  all 
hiquiry.  So  seriously  do  I  insist  upon  this  head,  that  if  I  have 
hitherto  failed  in  making  the  reader  feel  the  important  influence 
which  I  attribute  to  the  practical  experience,  the  habits,  die  oj)in- 
ions,  in  short,  to  the  manners  of  the  Americans,  upon  ihe  main- 
tenance of  their  institutions,  1  have  failed  in  die  pnnclp.d  object 
of  my  work. 


1^ 


Inn  ^^» 

i||  ^    4li 

»'H,  y 

t  n  ^  •  * 

t  .  .^ 

If 

I'  ' 


WHETHER  LAWS  AXD  MAXNERS  ARE  SUFFirfENT  TO  MAIN- 
TAIN DEMOCRATIC  INSTITUTIONS  IN  OTHER  COUNTRIES 
BESIDES    AMERICA. 

The  Anf^In-Americans,  if  transported  into  Europe,  would  be  ohlijied  to  modify 
their  laws. — Distuietion  to  be  made  between  democratic  institutions  and  Ame- 
rican institutions. — Democratic  hiws  may  be  conceived  better  tiian,  or  at  least 
dini-i  cut  from,  those  which  the  American  democracy  has  adopted  —The  exam- 
ple of  America  only  proves  that  it  is  possible  to  regulate  democracy  by  the 
assistance  of  manners  and  legislation. 

I  HAVE  asserted  diat  the  success  of  ('.cmocratic  institutions  in  the 
United  States  is  more  intimately  connected  with  the  laws  them- 
selves, ai.^l  the  manners  of  the  people,  than  widi  the  natiu'c  of 
the  jountry.  But  does  it  follow  tjiat  the  same  causes  would  of 
themselves  produce  the  same  results,  if  they  were  jmt  into  ope- 
ration elsewiiere  ;  and  if  the  country  is  no  adequate  substitute 
for  laws  and  manners,  can  laws  and  mauncis  in  their  turn  })rove 
a  substitute  for  a  country  ?  It  will  rciidily  be  understood  tliat 
tiie  necessary  elements  of  a.  reply  to  this  (juestion  are  wanting : 
other  peoples  are  to  be  found  in  the  New  World  besides  the 


305 


Anglo-Americans,  and  as  these  peoples  are  anected  by  the  sanie 
physical  circumstances  as  the  latter,  they  may  fairly  be  compared 
toii;ether.  But  thei  v'^  are  no  nations  out  of  America  wliich  have 
adopted  the  same  laws  and  manners,  beini^  destitute  of  the  phy- 
sical advantages  peculiar  to  the  Anglo-Americans.  No  stand- 
ard of  comparison  therefore  exists,  and  we  can  only  hazard  an 
opinion  upon  this  subject. 

It  appears  to  me,   in  the  first  place,  that  a  careful  distinction 
must  be  made  between  the  institutions  of  the  United  States  and 
democratic  institutions  in  general.     When  I  reflect  upon  the 
state  of  Europe,   its  mighty  nations,    its  po|vjlous  cities,    its  for- 
midable armios,  and  the  coin])lex  nature  of  its  politics,  J  cannot 
suppose  that  even  the  Anglo-Americans,  if  they  were  transport- 
ed to  our  I'jinisphere,  with  their  ideas,  their  religion,  and  their 
manners,  could  exist  without  considerably  altering  their  laws, 
l^ut  a  democratic  nation  may  be  imagined,  organized  dillerently 
from  the  American  people.     It  is  not  impossible  to  conceive  a 
government  really  established  uj)on  the  will  of  the  majority  ;  but 
in  which  the  majority,  repressing  its  natural  propensity  toequal- 
itv,  should  consent,  with  a  view  to  tli(>  order  and  the  stability  of 
tlie  t^tate,  to  invest  a  family  or  an  individu;d  with  all  the  prero- 
gatives of  the  executive.     A  democratic  society  miglit  exist,  in 
whi(  h  the  forces  of  the  nation  would  be  more  centralized  than 
they  are  in  the  United  States  ;  the  people  would  exercise  a  less 
direct  and  less  irresistible  inlluence  upon  public  affairs,  and  yet 
every  citizen   invested   with  certain   rights,  would  participate, 
within  his  s[)here,  in  the  conduct  of  the  government.     The  ob- 
servations I  made  amongst  the  Anglo-Americans  induce  me  to 
believe  that  democratic  institutions  of  Miis  kind,  prudently  intro- 
duced into  society,  so  as  gradually  to  mix  with  the  habits  and 
to  be  interfused  with  the  opinions  of  the  peojjle,  might  subsist  in 
other  countries   besides  America.     If  the    laws  of  the  United 
States  were  the  only  imaginal)le  democratic   laws,   or   the  most 
perfiM't  which  it  is  jiossible  to  conceive,  1.  should  admit  that  the 
success  of  those  institutions  allbrds  no  proof  of  the  success  of  de- 
mocratic   institutions  in  general,  in  a  country  less  favored  by 
natural  circmnstances.     But  as  the  laws  of  America  appear  to 
me  to  be  defective  in  several  respects,  and  as  I  can  readily  it.ia- 
gine  others  of  the  same  general  nature,  the  peculiar  advantages 
of  that  country  do  not  prove  that  democratic  institutions  cannot 
succeed  in  a  nation  less  favored  by  circumstances,  if  ruled  by 
better  laws. 

If  human  nature  were  dilierent  in  America   from  what  it  is 

39 


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306 


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elsewhere  ;  or  if  the  social  condition  of  the  Americans  cng-ender- 
ed  habits  and  opinions  amongst  them  diflerrnt  from  those  which 
orit^inate  in  the  same  social  condition  in  the  Old  World,  the 
American  democracies  wouiil  all'ord  no  means  of  predicting:  what 
may  occur  in  other  democracies.  If  the  Americans  displayed 
the  same  propensities  as  all  other  democratic  nations,  and  if  their 
legislators  had  relied  upon  the  nature  of  tlie  country  and  the 
favor  of  circumstances  to  restrain  tiiose  projicnsities  within  due 
limits,  tlie  prosperity  of  the  [nited  States  would  be  exclusively 
attributable  to  physical  causes,  and  it  would  allbrd  no  encour- 
ajyement  to  a  peoj)le  inclined  to  imitate  their  example,  without 
sharing!;  their  natural  advantages.  But  neither  of  these  suppo- 
sitions is  borne  out  by  facts. 

In  America  the  same  passions  are  to  be  met  >\ith  as  in  Europe; 
some  originating  in  human  nature,  others  in  the  democratic  con- 
dition of  society.  Thus  in  the  I  nited  State ;  I  found  that  rest- 
lessness of  heart  which  is  natural  to  men,  when  all  ranks  are 
nearly  equal  and  the  chances  of  elevation  are  the  same  to  all. 
I  found  the  democratic  feeling  of  envy  expressed  under  a  thou- 
sand diiferent  forms.  I  remarked  that  the  peoj)le  frequenviV  dis- 
played, in  tiie  conduct  of  alVairs,  a  consummate  mixture  of  igno- 
rance and  presumption ;  and  1  infernal  that  in  America,  men 
are  liable  to  the  same  failings  and  the  same  absurdities  as 
amongst  ourselves.  But  upon  examining  the  state  of  society 
more  attentively,  I  speedily  discovered  that  the  AnuM'icans  had 
made  great  and  successiid  ed'orts  to  counteract  tlu'se  ini})orfec- 
tions  of  human  nature,  and  to  correct  the  natural  defects  of  de- 
mocracy. Tiieir  divers  nuuiicijial  laws  appeartd  to  ine  to  be  a 
means  of  restraining  the  and)ition  of  the  citizens  within  a  narrow 
sphere,  and  of  turning  those  same  passions  which  n:'id»l  have 
worked  havoc  in  the  State,  to  the  good  of  the  township  or  the 
parish.  The  American  legislators  have  siu'ceeded  to  a  certain 
extent  in  opposing  the  notion  of  rights,  to  the  feelings  of  envy; 
the  permanence  of  the  religious  world,  t.)  the  continual  shifting 
of  politics;  the  experience  of  the  peopli%  to  its  theoretical  igno- 
rance ;  and  its  practical  knowledge  of  business,  to  the  impatience 
of  its  desires. 

The  Americans,  then,  have  not  relied  upon  the  nature  of  their 
country,  to  counterpoise  those  dangers  which  originate  in  their 
Constitution  and  in  their  jJoHtical  laws.  To  evils  which  are 
common  to  all  democratic  peoj)les,  they  have  applied  remedies 
which  none  but  themselves  had  ever  thought  of  before;  and  al- 
though they  were  the  lirst  to  make  the  experiment,  tliey  have 
succeeded  in  it. 


.1  T: 


'  #Fi, 


307 


The  manners  and  laws  of  tiic  Americans  are  not  tlie  only 
ones  which  may  suit  a  democratic  people  ;  but  the  Amcricr.as 
have  shown  that  it  would  be  wronc^  to  desjjair  of  reu:ulating  de- 
mocracy by  the  aid  of  manners  and  of  laws.  If  odier  nations 
should  borrow  this  i^eneral  and  preijcuant  idea  from  die  Ameri- 
cans, widiout  however  iiUendiniz;  to  imitate  them  in  the  peculiar 
application  vvhlch  they  luive  made  of  it ;  if  they  should  attempt 
to  fit  tliemselves  for  that  social  condition,  which  it  seems  to  be 
the  will  of  Providence  to  iuijuise  upon  die  ^venerations  of  this 
ai^c,  and  so  to  escape  from  the  despotism  or  the  anarchy  which 
threatens  them  ;  what  reason  is  there  to  suppose  that  their  eflbrts 
would  not  be  crowned  ^\  ith  success  ?  The  organization  and  the 
establishment  of  democracy  in  Christendom,  is  the  great  politi- 
cal prol)lem  of  the  time.  The  Americans,  muiuestionably,  have 
not  resolved  this  jirol)lem,  but  diey  furnish  useful  data  to  those 
who  undertake  the  task. 


m 
m 


«H 


IMPORTANCE    OF    WHAT    J^RECEDES    WITH    RESPECT    TO    THE 

STATE  OF  EUROPE. 

It  may  readily  be  discovered  with  ^^hat  iiifentlon  I  undertook 
the  foregointi  iu(piiries.  'J'he  (piestion  here  discusset'  inter- 
estiuL!:  not  only  to  t\\v  United  ."^tntes,  but  to  the  wliol?  w.-  I  :  it 
concerns,  not  a  nation,  hut  all  mankind.  Jf  those  nations  whose 
social  coiulition  is  democnitic  could  only  remain  free  as  long  as 
they  are  inliabitants  ol"tlie  wilds,  we  could  not  but  desjjair  of  the 
future  destiny  of  the  human  race;  for  democracy  is  rapidly  ac- 
quiring a  more  extended  sw  ay,  and  the  w  lids  are  gradually  peo- 
|)le(l  with  iiu'ii.  If  it  were  true  that  laws  and  maimers  are  iii- 
suHicient  to  maintain  democratic  institutions,  what  reliige  would 
remain  ojien  to  the  nations  e\cej)t  the  (lesj)oti<!n  of  a  single  indi- 
vidual? I  am  aware  that  there  are  many  worthy  j)ersons  at  the 
present  time  who  are  not  alarmed  at  this  latter  alternative,  and 
wlio  are  so  tired  of"  liberty  as  to  be  glad  of  repose,  (iir  from  those 
storms  by  which  it  is  attended.  IJut  these  individuals  are  ill 
acquainted  w  ith  the  haven  to  w  Inch  they  are  bound.     They  ;;  e 


m 

i 

I 

« 

I 


,rj 


308 


.J  int. 


•  m 

till  •' 

I  ^  '  ■     • ' 

I  .  1 


;i' . 


I 


iMt': 


"  (I 


^r 


SO  deliulcd  by  tlicir  recollections,  as  to  judpe  the  tendency  of 
absolute  power  by  what  it  was  Ibrnierly,  and  not  by  what  it 
micht  become  at  the  present  time. 

If  absolute  power  were  re-estabUshed  aniongi:st  the  democratic 
nations  of  Europe,  I  am  persuaded  that  it  would  assume  a  new 
form,  and  aj)pear  under  features  unkno^^'n  to  our  forefathers. 
There  was  a  time  in  J'iUroj)e,  when  tlie  laws  and  the  consent  of 
the  jieople  had  invested  princes  with  .Imost  unlimited  authority; 
but  they  scarcely  ever  availed  theinseh  es  of  it.  1  do  not  speak 
of  the  prerogatives  of  the  nobility,  of  the  authority  of  supreme 
courts  of  justice,  of  corporations  and  their  ciinrtered  riijchts,  or 
of  provincial  privileires,  which  served  to  l)reak  the  blows  of  the 
sovereig'n  autiiority,  suid  to  maintain  a  spirit  of  resistance  in  ilie 
nation.  Ihlependently  of  these  jiolitical  institutions,  —  which, 
however  opposed  tiiey  niiiiht  be  to  personal  liberty,  served  to 
keep  alive  the  lo\e  of  (i-cedom  in  the  mind  of  tiie  public,  and 
which  may  be  esteemed  to  have  be(Mi  usel'ul  in  this  resj)ect,  — the 
manners  and  o|)iiiions  of  the  nation  confined  tlie  royal  autiiority 
within  barriers  which  were  not  less  powerl'ul,  althoui;ii  they  were 
less  consj)icuous.  IJcliiiion,  the  ali'ections  of  the  people,  the 
beiunolence  of  the  ])riuce,  the  sense  of  honor,  f.unily  pride,  ]iro- 
vincinl  prejiuiices,  cu>toin,  and  public  opinion  limited  the  power 
of  kinii's,  and  rcstriiined  their  authority  witliin  an  invisible  circle. 
The  constitution  of  ntitions  was  desjjotic  at  that  time,  but  their 
manners  were  free.  J'rinces  had  the  riizht,  but  they  had  neither 
the  means  nor  the  (I(\^ire,  (tf  doini';;  "  luUeAcr  they  pleased. 

But  what  now  remains  of  those  barriers  which  formerly  ar- 
rested the  autxressions  of  tyrarmy  ?  Since  reliti'ion  has  lost  its 
empin^  over  the  souls  of  men,  the  most  ))rominent  boundary  which 
divided  tjood  from  evil  is  overthrown  :  the  very  elements  of  the 
moral  world  are  indeterminate ;  the  princes  and  the  peoples  of 
the  earth  are  iLruided  by  chance,  and  none  can  deline  the  natural 
limits  of  despotism  and  the  bounds  of  licence.  Louir  revolu- 
tions have  for  ever  destroyed  the  respect  which  snrroundecl  the 
rulers  of  the  State  ;  e.nd  since  they  have  \n<  n  relieved  (i-om  the 
burden  of  jiublic  esteem,  princes  ma\  hen<  *  litrward  surrer.fhr 
themselves  without  lear  to  the  seductiuns  of  arbitrary  |)o\\er. 

When  kinji's  llnd  that  the  hearts  of  their  suhjects  are  turned 
towards  them,  they  are  ch  nient,  because  they  are  conscious  of 
their  strength  ;  and  they  are  chary  of  the  alli'ctionof  llicir  peo- 
ple, because  the  alfection  of  their  people  is  the  bul\\ark  of  the 
thr  :ne.  A  nuitual  interchan!j,(>  ot"  "oodwill  then  takes  j)lace  be- 
tween the  prince  and  the  j)eople,  which  resembles  the  'rracious 


S09 


intercourse  of  domestic  society.  The  subjects  may  murmur  at 
the  sovereign's  decree,  but  tbey  are  grieved  to  displease  him  ; 
and  the  sovereign  chastises  liis  subjects  with  the  Hght  hand  of 
parental  allbction. 

But  when  once  the  spell  of  royalty  is  broken  in  the  tumult  of 
revolution  ;  when  successive  monarchs  have  crossed  the  throne, 
so  as  alternately  to  display  to  the  people  the  weakness  of  their 
right,  aiul  the  harshness  of  their  power,  the  sovereign  is  no 
longer  regarded  by  any  as  the  Father  of  the  State,  and  he  is 
feared  by  all  as  its  master.  If  he  be  weak,  he  is  despised;  if  he 
be  strong,  ho  is  detested.  He  is  himself  full  of  animosity  and 
alarm  ;  he  linds  that  he  is  a  stranger  in  his  own  country,  and  he 
treats  his  sul)jccts  like  conquered  enemies. 

When  the  provinces  and  the  towns  termed  so  many  diflerent 
nations  in  the  midst  of  their  common  country,  each  of  them  had 
a  will  of  its  own,  which  was  opposed  to  the  general  spirit  of  sub- 
jection :  but  now  that  ail  the  pnrts  of  the  same  empire,  after 
ha\  ing  lost  tiieir  immunities,  their  customs,  their  prejudices,  their 
traditions,  and  their  names,  are  subjected  and  accustomed  to  the 
same  laws,  it  is  not  more  dillicult  to  oppress  them  collectively, 
than  it  was  formerly  to  oppress  them  singly. 

Whilst  the  nobles  enjoyed  their  power,  and  indeed  long  after 
that  power  was  lost,  the  honor  of  aristocracy  conferred  an  extra- 
ordinary degree  of  force  upon  their  personal  opposition.    They 
afforded  instances  of  men  who,  notwithstanding  their  weakness, 
still  entertained  a  high  opinion  of  their  personal  value,  and  dared 
to  cojje  single-handed  with   the  eflbrts   of  the  public  authority. 
But  at  the  pre>ent  day,  when  all  ranks  are  more  and  more  con- 
founded, when    the   individual  disaj)pears  in  the  throng,  and  is 
easily  lo>t  in  the  miilst  of  a  common  obscurity,  when  the  honor 
of  monarehy  has  almost  lost  its  empire  williout  being  succeeded 
by  pul)lic  virtue,  and  when  nothing  can  enable  man  to  rise  above 
himself,  uho  shall  say  at  ^^h;!t  point  the  exigencies  of  power  and 
the  ser\ilil\  of  weakness  will  stop? 

As  long  as  I'amily  feeling  was  kept  alive,  the  antagonist  of 
oppression  was  never  alone  ;  he  looked  about  him,  and  lijund  his 
clients,  his  hereditary  friends,  and  his  Uinslblk.  If  this  support 
was  wanting,  he  was  sustained  by  his  ancestors  and  animated  by 
his  posterity,  litit  when  j)atrinionial  estates  are  divided,  and 
when  a  few  years  siidice  to  confouiul  the  distinctions  of  a  race, 
where  can  family  feeling  be  found  ?  \\  hat  force  can  there  be 
in  the  customs  of  a  country  which  has  changed,  and  is  still  per- 
petually changing  its  aspect ;  in  which  every  act  of  tyranny  has 


K 

I 


ft 


t 
I 


K 


SIO 


nrim 


t'-i 


\ 


IT" 


'  I*' 
t 


Mr 


a  precedent,  and  every  crime  an  example ;  in  which  there  is 
nothino;  so  old  that  its  antiquity  can  save  it  from  destruction, 
and  nothing"  so  unparalleled  that  its  novelty  can  prevent  it  from 
beincc  fl<'"^  •''  What  resistance  can  be  oficred  by  manners  of 
so  pliant  a  make,  that  they  have  already  often  yielded  ?  What 
strength  can  ever  public  opinion  have  retained,  when  no  twenty 
persons  are  connected  by  a  common  tie;  when  not  a  man,  nor  a 
family,  nor  chartered  corporation,  nor  class,  nor  free  institution, 
has  the  power  of  representing;  tiiat  opinion  ;  and  when  every  citi- 
zen—  being  equally  weak,  equally  poor,  and  equally  depend- 
ent—  has  only  his  personal  impotence  to  oppose  to  uie  organized 
force  of  the  (lovernment  ? 

Tlie  annals  of  France  furnish  nothing  analogous  to  the  condi- 
tion in  which  that  country  might  then  be  thrown.  But  it  may 
more  aptly  be  assimilated  to  the  times  of  old,  and  to  those  hideous 
eras  of  Koman  oppression,  when  the  manners  of  the  people -were 
corrupted,  their  traditions  obliterated,  their  habits  destroyed, 
their  opinions  shaken,  and  freedom,  expelled  from  the  laws,  could 
find  no  refuge  in  the  land ;  when  nothing  protected  the  citizens, 
and  the  citizens  no  longer  protected  themselves;  when  human 
nature  was  the  sport  of  man,  and  princes  wearied  out  the  clem- 
ency of  Heaven  before  they  exhausted  the  patience  of  their 
subjects.  Those  who  hope  to  revive  the  monarchy  of  Henry 
IV.  or  of  Louis  Xl\'.,  appear  to  me  to  be  alllictcd  with  mental 
blindness  ;  and  when  I  consider  the  present  condition  of  several 
European  nations,  —  a  condition  to  which  all  the  others  tend, — 
I  am  led  to  believe  that  they  will  soon  be  left  with  no  other 
alternative  than  democratic  liberty,  or  the  tyranny  of  the  (Ja>sars. 

And  indeed  it  is  deserving  of  consideration,  whether  men 
are  to  be  entirely  emancipated,  or  entirely  enslaved  ;  whether 
their  rights  are  to  be  made  equal,  or  wholly  taken  away  from 
them.  If  the  rulers  of  society  were  reduced  either  gradually 
to  raise  the  crowd  to  their  own  level,  or  to  sink  the  citizens 
below  that  of  humanity,  would  not  the  doubts  of  many  be  re- 
solved, the  consciences  of  many  be  healed,  and  the  community 
prepared  to  make  great  sacrifices  with  little  difficulty  ?  In  that 
case,  the  gradual  growth  of  democratic  manners  and  institu- 
tions should  be  regarded,  not  as  the  best,  but  as  the  only  nieans 
of  preserving  freedom  ;  and  without  liking  the  government  of 
democrac} ,  it  might  be  adopted  as  the  most  applicable  and  the 
fairest  remed}'  for  the  present  ills  of  society. 

It  is  difficidt  to  associate  a  people  in  the  work  of  govern- 
ment ;  but  it  is  still  more  dilTicuU  to  supply  it  with  experience, 


311 


there  is 
itruction, 
It  it  from 
inners  of 
'  Wiiat 
ID  twenty 
lan,  nora 
istitution, 
very  citi- 

depend- 
organixed 

Llie  condi- 
Lit  it  may 
;e  hideous 
;ople-were 
destroyed, 
ivvs,  could 
le  citizens, 
en  human 
:  the  clem- 
e  of  their 
of  Henry 
xh  mental 
of  several 
rs  tend, — 
li  no  other 
ic  (Jacsars. 
ether   men 
;  ^\hethe^ 
away  liom 
gradually 
ihe  cilixens 
I  any  he  re- 
community 
?     In  that 
nd   institu- 
Dnly  means 
ernment  of 
)le  and  the 


and  to  inspire  it  with  the  feelings  which  it  requires  in  order  to 
govern  well,  I  grant  that  the  caprices  of  democracy  are  per- 
petual;  its  instruments  are  rude,  its  laws  imperfect.  But  if  it 
were  true  that  soon  no  just  medium  would  exist  helween  the 
empire  of  democracy  and  the  dominion  of  a  single  arm,  should 
we  not  rather  incline  towards  the  former,  than  submit  volun- 
tarily to  the  latter?  And  if  complete  equality  be  our  fate,  is 
it  not  better  to  be  levelled  by  free  institutions  than  by  despotic 
power  ? 

Those  who,  after  having  read  this  book,  should  imagine  that 
my  intention  in  writing  it  has  been  to  propose  the  laws  and 
manners  of  the  Anglo-Americans  for  the  imitation  of  all  demo- 
cratic peoples,  would  commit  a  very  great  mistake ;  ihey  must 
have  paid  more  attention  to  the  form  than  to  the  substance  of 
my  ideas.  My  aim  has  been  to  show,  by  the  example  of  Ame- 
rica,Uhat  laws,  and  especially  manners,  may  exist  which  will 
allow  a  democratic  people  to  remain  free.  But  I  am  very  far 
from  thinking  that  we  ought  to  follow  the  example  of  the  Ame- 
rican democracVi  and  copy  the  means  which  it  has  employed 
to  attain  its  ends  ;  for  I  am  well  aware  of  the  influence  which 
the  nature  of  a  country  and  its  political  precedents  exercise 
upon  a  constitution  ;  and  1  should  regard  it  as  a  great  misfor- 
tune for  mankind  if  liberty  were  to  exist,  all  over  the  world, 
under  the  same  forms. 

But  I  am  of  opinion  that  if  we  do  not  succeed  in  gradually 
introducing  democratic  institutions  into  France,  and  if  we  de- 
spair of  imparting  to  the  citizens  those  ideas  and  sentiments 
which  first  prepare  them  for  freedom,  and  afterwards  allow 
them  to  enjoy  it,  there  will  be  no  inde|)endence  at  all,  either 
for  the  middling  classes  or  the  nobility,  for  the  poor  or  for  the 
rich,  but  an  equal  tyraimy  over  all ;  and  I  foresee  that  if  the 
peaceable  empn'e  of  the  majority  be  not  founded  amongst  us 
in  time,  we  shall  sooner  or  later  arrive  at  the  unlimited  autho- 
rity of  a  single  despot. 


IT 

i 


i 

m 

m 


i 


I 


of  govern- 
experience, 


313 


CHAPTER  XVIII. 


THE  PRESENT,  AND  PROBABLE  FUTURE  CONDITION  OF  THE 
THREE  RACES  WHICH  INHABIT  THE  TERRITORY  OF  THE 
UNITED  STATES. 


r'-. 


I 


ir- 

«.•»»!  ['1  J, 


•'■♦■ 
§«' 
I** 
t 

If- 
I 


The  principal  part  of  the  task  whirl)  I  had  imposed  upon  my- 
self is  now  performed  :  I  have  shown,  as  far  as  [  was  able,  tiie 
laws  and  the  manners  of  the  American  dcniocrac}'.  Here  I 
mipjht  stop  ;  bnt  the  reader  would  perhaps  feel  that  1  had  not 
satisfied  his  expectations. 

The  absolute  supremacy  of  democracy  is  not  all  that  we 
meet  with  in  America  ;  the  inhabitants  of  the  jNew  World  may 
be  considered  from  more  than  one  point  of  view.  In  the  course 
of  this  work  my  subject  has  often  led  me  to  speak  of  the  Indians 
and  the  Negroes ;  but  I  have  never  been  able  to  stop  in  order 
to  show  what  place  these  two  races  occupy,  in  the  midst  of  the 
democratic  people  whon)  I  was  engap^ed  in  descril)ing.  I  have 
mentioned  in  what  spirit,  and  according  to  what  laws,  tlie  An- 
glo-American Union  was  formed  ;  but  I  coidd  oidy  glance  at 
the  dangers  which  menace  that  confederation,  whilst  it  was 
equally  impossible  for  me  to  give  a  detailed  account  of  its 
chances  of  duration,  independently  of  its  laws  and  manners. 
When  speaking  of  the  United  republican  States,  I  hazarded 
no  conjectures  upon  the  permanence  of  republican  forms  in  the 
New  World  ;  and  when  making  frequent  allusion  to  the  com- 
mercial activity  which  reigns  in  the  Union,  I  was  unable  to 
inquire  into  the  future  condition  of  the  Americans  as  a  com- 
mercial people. 

These  topics  are  collaterally  connected  with  my  subject, 
without  forming  a  part  of  it  ;  they  are  American,  without  be- 
ing democratic  ;  and  to  portray  democracy  has  been  my 
principal  aim.  It  was  therefore  necessary  to  postpone  these 
questions,  which  I  now  take  up  as  the  proper  termination  of 
my  work. 


313 


Kvvm 


The  territory  now  occupied  or  claimed  by  the  American 
Union  spreads  from  llie  shores  of  the  Atlantic  to  those  of  the 
pacific  Ocean.  On  the  East  and  West  its  limits  are  those  of 
the  continent  itself.  On  the  South  it  advances  nearly  to  the 
Tropic,  and  it  extends  upwards  to  the  icy  regions  of  the 
North.* 

The  human  beings  who  are  scattered  over  this  space  do  not 
form,  as  in  Europe,  so  many  branches  of  the  same  stock. 
Three  races  naturally  distinct,  and  I  might  almost  say  hostile 
to  each  other,  are  discoverable  amongst  them  at  the  first 
glance.  Almost  insurmountable  barriers  had  been  raised  be- 
tween them  by  education  and  by  law,  as  well  as  by  their  origin 
and  outward  characteristics  ;  but  fortune  has  brought  them 
together  on  the  same  soil,  where,  although  they  are  mixed, 
they  do  not  amalgamate,  and  each  race  fulfils  its  destiny 
a])art. 

Amongst  these  widely  difiering  families  of  men,  the  first 
which  attracts  attention,  the  superior  in  intelligence,  in  power 
and  in  enjoyment,  is  the  While  or  European,  the  man  pre- 
eminent ;  and  in  subordinate  grades,  the  Negro  and  the  In- 
dian. These  two  unhappy  races  have  nothing  in  common  ; 
neither  birth,  nor  features,  nor  language,  nor  habits.  Their 
otily  resem!)lanec  lies  in  tlieir  misfortunes.  Both  of  them 
occupy  an  inferior  rank  in  the  country  they  inhabit  ;  both 
sudor  from  tyranny  ;  and  if  their  wrongs  are  not  the  same, 
they  originate  at  any  rate  with  the  same  authors. 

if  we  reasoned  from  what  passes  in  the  world,  we  should 
almost  say  that  the  European  is  to  the  other  races  of  mankind, 
what  man  is  to  the  lower  animals  ; — he  makes  them  subser- 
vient to  his  use  ;  and  when  he  cannot  subdue,  he  destroj's 
them.  Oj)pression  has  at  one  stroke  depriveil  the  descendants 
of  the  Africans  of  almost  all  the  privileges  of  humanity.  The 
Neijfro  of  the    United   Slates  has   lost  all  remembrance 


of  h 


IS 


country  ;  the  language  which  his  forefiilhers  spoke  is  never 
heard  around  him  ;  he  adjured  their  religion  and  forgot  their 
customs  when  he  ceased  to  belong  to  Africa,  without  acquir- 
ing any  claim  to  European  privileges.     But  he  remains  half- 


See  the  JIap. 


& 


li 

if 
f 


I 


'^.r 

M 


40 


<^'-. 


\ 


ir- 


IH^'1  I  Mil 


I 


ill 


< 


,  .1" 
»     ii 

tor-      "  >ii 


S14 

way  between  the  two  communities  ;  sold  by  tlie  one,  repulsed 
by  the  otluT  ;  lindiiig  not  a  spot  in  the  iiniMTse  to  call  hy  il.e 
iiiimo  of  country,  cxoept  the  (hint  image  of"  a  lionie  >\hith  the 
shelter  of  liis  master's  roof  aflbrds. 

Tlie  JNegro  has  no  family  ;  woman  is  merely  the  temporary 
companion  of  his  pleasures,  and  his  children  are  upon  an  equal- 
ity with  himself  from  the  moment  of  their  birth.  A^u  I  to  call 
it  a  proof  of  God's  mercy,  or  a  visitation  of  his  wrath,  that 
man  in  certain  states  appears  to  be  insensible  to  his  extreme 
wretchedness,  and  almost  atTects  with  a  depraved  taste  the 
cause  of  his  misfortunes  ?  The  Negro,  who  is  plunged  in  this 
abyss  of  evils,  scarcely  feels  his  own  calamitous  situation.  Vio- 
lence made  him  a  slave,  and  the  habit  of  servitude  gives  him 
the  thoughts  and  desires  of  a  slave  ;  he  admires  his  tyrants 
more  than  he  hates  them,  and  finds  his  joy  and  his  pride  in  the 
servile  imitation  of  those  who  oppress  him  :  his  understanding 
is  degraded  to  the  level  of  his  soul. 

The  Negro  enters  upon  slavery  as  soon  as  he  is  born  ;  nay, 
be  may  have  been  purchased  in  the  won)b,  and  have  be|:un 
his  slavery  before  he  began  his  existence.  Equally  devoid  of 
wants  and  of  enjoyment,  and  useless  to  himself,  he  learns,  widi 
his  first  notions  of  existence,  that  he  is  the  j)roperty  of  another 
who  has  an  interest  in  preserving  his  life,  and  that  the  care  of 
it  does  not  devolve  upon  himself;  even  the  power  of  thoufiht 
appears  to  him  a  useless  gift  of  Providence,  and  he  quietly 
enjoys  the  privileges  of  his  debasement. 

If  he  becomes  free,  independence  is  often  felt  by  him  to  be  a 
heavier  burden  than  slavery  ;  for  having  learned,  in  the  course 
of  his  life,  to  submit  to  everything  except  reason,  he  is  too 
much  unacquainted  with  her  dictates  to  obey  them.  A  thou- 
sand new  desires  beset  him,  and  he  is  destitute  of  the  know- 
ledge and  energy  necessary  to  resist  them  :  these  are  masters 
which  it  is  necessary  to  contend  with,  and  he  has  learnt  only 
to  submit  and  obey.  In  short,  he  sinks  to  such  a  depth  of 
wretchedness,  that  while  servitude  brutalizes,  liberty  destroys 
him. 

Oppression  has  been  no  less  fatal  to  the  Indian  than  to  the 
Negro  race,  but  its  ellects  are  difl'erent.  Before  the  arrival  of 
white  men  in  the  New  World,  the  inhabitants  of  North  America 
lived  quietly  in  their  woods,  enduring  the  vicissitudes  and 
practising  the  virtues  and  vices  common  to  savage  nations. 
The  Europeans,  having  dispersed  the  Indian  tribes  and  dri\  en 
them  into  the  deserts,  condemned  them  to  a  wandering  life  full 
of  inexpressible  sufTerings. 


315 


Savajre  nations  are  only  controlled  by  opinion  and  by  cus- 
tom. When  the  North  American  Indians  had  lost  the  senti- 
liinent  of  attachment  to  their  country  ;  when  tlieir  families 
were  dispersed,  their  traditions  obscured,  and  the  chain  of  their 
recollections  broken  ;  when  all  their  habits  were  changed,  and 
their  wants  increased  beyond  measure,  European  tyranny  ren- 
dered them  more  disonlerly  and  less  civilized  than  they  were 
before.  The  moral  and  physical  condition  of  these  tribes  con- 
tinually grew  worse,  and  they  became  more  barbarous  as  they 
became  more  wretched.  JVevertheless  the  Europeans  have  not 
l)cen  able  to  metamorphose  the  character  of  the  Indians  ;  and 
though  they  have  had  power  to  destroy  them,  they  have  never 
been  able  to  mak:  them  submit  to  the  rules  of  civilized  so- 
ciety. 

The  lot  of  the  Negro  is  placed  on  the  extreme  limit  of  servi- 
tude, while  that  of  the  Indian  lies  on  the  uttermost  verge  of  lib- 
erty ;  and  slavery  does  not  produce  more  fatal  effects  upon  the 
first,  than  independence  upon  the  second.  The  Negro  has  lost 
all  property  in  his  own  person,  and  he  caimot  dispose  of  bis  ex- 
istence without  committi".g  a  sort  of  fraud :  but  the  savage  is 
his  own  master  as  soon  as  he  is  able  to  act ;  parental  authority 
is  scarcely  known  to  him  ;  he  has  never  bout  his  will  to  that  of 
any  of  bis  kind,  nor  learned  the  difference  between  voluntary 
ol)edience  and  a  shameful  subjection  ;  and  the  very  name  of  law 
is  uidinown  to  him.  To  be  free,  with  him,  signifies  to  escape 
from  all  the  shackles  of  society.  As  be  delights  in  this  barbarous 
independence,  and  would  rather  perish  than  sacrifice  the  least 
part  of  it,  civilization  Ifas  little  power  over  him. 

The  Negro  makes  a  thousand  fruitless  efforts  to  insinuate 
himsel*'  amongst  men  who  repulse  him  ;  be  conforms  to  the 
tastes  L  his  oppressors,  adopts  th(>ir  opinions,  and  hopes  by  imi- 
tating them  to  form  a  part  of  their  community.  Having  been 
told  from  infancy  that  his  race  is  naturally  inferior  to  that  of  the 
Whites,  he  assents  to  the  proposition,  and  is  ashamed  of  his  own 
nature.  In  each  of  bis  features  be  discov<'rs  a  trace  of  slavery, 
and,  if  it  were  in  his  power,  he  would  w  illingly  rid  himself  of 
everything  that  makes  him  what  he  is. 

The  Indian,  on  the  contrary,  has  his  imagination  inflated  with 
the  pretended  nobility  of  bis  origin,  and  lives  and  dies  in  the 
midst  of  these  dreams  of  pride.  Far  from  desiring  to  conform 
his  habits  to  ours,  he  loves  his  savage  life  as  the  distinguishing 
mark  of  his  race,  and  he  repels  every  advance  to  civilization, 
less  perhaps  from  the  hatred  which  he  entertains  for  it,  than 


ft 

It 

i 

i 


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nritu 


#"-. 


Il 


^.' 


I*' 
I 

If-, 


I 


1. 


< 


Ml-' 


from  a  drrad  of  rcspmblinG;  tho  Enroppans.*  While  he  has  no- 
thinj^  to  oppose  to  onr  pcilcctiou  in  the  nrts  hut  the  resources ot 
the  desert,  to  our  tiieties  iiothiua;  hut  un(lisei|)Iiiie(l  courripe  ; 
whilst  our  weii-ditiested  pjjuis  are  met  hy  the  sf)ontnneous  in- 
stiiiets  ofsavajj^e  lile,  who  ean  wonder  if  lie  fails  in  this  unequal 
contest  ? 

The  Nepro,  who  eiirnestly  desires  to  minffle  his  race  with  that 
of  the  Kuro|)ean,  eiuniot  elieet  it;  while  the  Indian,  who  mifjiit 
succeed  to  a  certain  extent,  disdains  to  make  the  attempt.  Tho 
servility  of  the  one  dooms  him  to  slavery,  the  pride  of  the  other 
to  death. 

1  remember  that  while  I  was  travellino;  throut^h  the  forests 
which  still  cover  the  State  of  Alabama,  I  arrived  on»^  day  at  the 
loji-house  of  a  ])ioue<'r.  I  diti  not  wish  to  ])enetrate  into  the 
dwelling'  of  the  American,  but  retired  to  rest  myself  for  a  while 
on  the  marg^in  oC  a  spring,  which  was  not  far  oil",  in  the  woods. 
^A  hilc  I  was  in  this  place,  (which  was  in  the  neighhorhood  of 
the  Creek  territory,)  an  Indian  woman  ap[)eared,  followed  by  a 
negress,  and  hohiing  by  the  hand  a  littli*  white  girl  of  live;  or  six 
years  old,  whom  1  took  to  be  the  daughter  of  the  pioneer.  A 
sort  of  i)arbarous  luxury  set  oil'  the  costume  of  the  Indian; 
rings  of  metal  were  hanging  liom  her  nostrils  and  ears  ;  lu  r 
hair,  which  was  adoriud  with  glass  beads,  iell  loosely  upon  her 
shoulders  ;  and  I  saw  that  she  was  not  married,  for  she  still  wore 
that  necklace  of  shells  which  the  bride  always   deposits  on  tho 

*  TliH  native  of  Norlli  Amorioa  rotaiiis  liis  opinions  ami  tlio  most  insipnificiiiu 
of  his  lial)its  witli  a  (Ic^'ifc  of  t('na<'ily  u  liii'li  lias  no  i)arallfl  in  liistoiy.  Tor  mure 
than  two  hundred  years  the. wandcnnK  Irilics  of  .North  Anicrina  have  liad  daily 
interconrse  with  tliu  \\  hiics,  and  they  iiavc  m'vrr  derived  from  tlipm  either  a 
cnstom  or  an  idea.  Yet  the  I'.nropeans  ha\e  exereised  a  powerful  inlh'enee ovit 
the  Savages  :  they  ha\e  made  them  more  lieentions,  hnt  not  more  F.nropeaii.  In 
the  snnnner  of  It^ol  I  iiappened  to  he  heyond  Lake  Michigan,  at  u  place  called 
Green-hay,  wliich  serves  as  the  extreme  frontier  l)et\veen  the  United  States  and 
the  Indians  on  the  north-western  side.  Here  1  hecame  acquainted  with  an  .Ame- 
rican officer,  Major  H  ,  who  after  talking  to  me  at  length  on  the  intlexihiliiy  ot* 
the  Indian  churrcter,  related  tiie  following  fact:  "I  formerly  knew  u  young  In- 
dian," said  he,  "who  had  heen  educated  at  aco!l(!ge  in  iS'cnv  I'.ngland,  where  lie 
had  greatly  distingui»>lied  himself  and  had  acquired  the  extertial  appearance  of  a. 
niemher  of  civilized  society.  When  the  war  hroke  oiU  hetween  ourselves  and 
the  English  in  If^IO,  I  saw  this  young  man  again ;  he  was  serving  in  onr  army,  at 
the  head  of  the  warriors  of  his  trihe  ;  for  the  Indians  were  admitted  amongst  tlie 
ranks  of  the  Anu^ricans,  upon  condition  that  they  would  ahstain  from  their  horri- 
ble custom  of  .scalping  their  victims.  On  the  evening  of  the  battle  of  *  *  *,  C. 
came  and  sat  himself  down  l)y  the  fire  of  our  bivouack.  I  a.sked  him  what  had 
been  his  fortune  that  day:  he  relatetl  his  exploits:  .md  growing  warm  and  ani- 
mated by  the  recollection  of  them,  he  concluded  by  suddenly  ojjening  the  breast 
of  his  coat,  saying,  'Yon  must  not  betray  me, — see  here!'  "'And  1  actually  be- 
held." said  the  Major,  "  between  his  body  and  his  shirt,  the  skin  and  hair  of  an 
English  head,  still  dripping  with  gore." 


317 


nuptial  couch.     The  ncgrcss  was  clad  m  squalid  European  gar- 
ments. 

Thoy  all  throe  cnmc  and  seated  tlioinsrlves  upon  the  banks  of 
the  Conntain  ;  and  the  younu,  Indian,  takin^•  the  child  in  her 
arms,  lavished  upon  her  such  fond  caresses  as  mothers  give  ; 
while  the  negress  endeavored  by  various  little  artifices  to  attract 
the  attention  of  the  young  Creole.  The  child  displayed  in  her 
slightest  gestures  a  consciousness  of  superiority  w  iiich  formed  a 
strange  contrast  with  her  infantine  weakness ;  as  if  she  received 
the  attention!'   of  her  companions  with  a  sort  of  condescension. 

The  ncgiess  was  seated  on  the  ground  before  hci  mistress, 
watching  hcT  smallest  desires,  and  apparently  divided  between 
strong  affoction  for  the  child  and  servile  fear;  whilst  the  savage 
displaycil,  in  the  midst  of  her  tenderness,  an  air  of  freedom  and 
of  pride  which  was  almost  ferocious.  I  had  approached  the  group, 
and  I  contemplated  them  in  silence  ;  but  my  curiosity  was  pro- 
bably displeasing  to  the  Indian  Voman,  for  she  suddenly  rose, 
pushed  the  child  roughly  from  her,  and  giving  me  an  angry  look 
plunged  into  the  thicket. 

I  had  often  chanced  to  see  individuals  met  together  in  the 
same  place,  who  belonged  to  the  three  races  of  men  which  peo- 
ple North  America.  1  had  perceived  from  many  diUcrent  re- 
sults the  preponderance  of  the  Whites,  l^ut  in  the  picture  which 
I  have  just  been  describing  there  was  something  peculiarly 
touching;  a  I)(-nd  of  afi'ection  here  united  the  oppressors  with 
die  oppressed  and  the  effort  of  Nature  to  bring  them  together 
rendered  stili  more  striking  the  immense  distance  placed  between 
them  by  prejudice  and  by  law. 


t 

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318 


nriiiit' 
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i'H, 
tit' 

IT 


If 


tNir 


:3i! 


I     ' 


THi!  PRESENT  AND  PROBABLE  FUTURE  CONDITION  OF  THE  IN- 
DIAN TRIBES  WHICH  INHABIT  THE  TERRITORY  POSSESSED 
BY  THE  UNION. 

Grndaiil  disappcarnnce  of  tlio  native  tribos. — Planner  in  which  ii  fakes  place. — 
Miseries  accniiipaiiyin^  the  finced  migrations  Dftiit;  Indians. --The  8ava"es  of 
^forth  Amt-rica  liad  only  two  ways  of  e.^capini^  destinctiim  ;  war  or  civiiiza- 
tion. —  i'liey  are  no  longer  al)le  to  make  war. — Reasons  why  they  refnsed  to 
bec"ine  civilized  when  it  was  in  their  jiovver,  and  why  they  cannot  become  so 
now  that  they  desire;  it — Insta»icc  of  the  (?reeks  and  Cherokees. — Policy  nf 
the  particular  States  towards  .  lese  Indians. — I'olicy  of  die  Federal  Govern- 
ment. 

None  of  the  Indian  tribe.s  vvhisli  formerly  inhabitetl  the  territory 
of  New  England,  —  tlie  Narragansetts,  tlic  Mohicans,  the  Perots, 
—  ha»'e  any  existence  but  in  the  recollection  of  man.  The 
Lenapes,  who  received  William  Pcmi  a  hundred  and  fifty  years 
ago  upon  the  bardis  of  the  Delaware  have  disappeared;  and  I 
myself  met  with  the  last  of  the  Iroquois,  who  were  begging 
alms.  The  nations  I  have  mentioned  fornjorly  covered  the  coun- 
try to  the  sea-coast ;  but  a  traveller  at  the  present  day  must  pene- 
trate more  than  a  hundred  leagues  into  the  inferior  of  the  conti- 
nent to  find  an  Indian.  Not  only  have  these  wild  tribes  receded, 
but  they  are  destroyed*  ;  and  as  they  give  way  -r  perish,  an 
immr  '^e  and  increasing  people  fills  their  place.  1'here  is  no 
instance  upon  record  of  so  prodigious  a  growth,  or  so  rapid  a 
destruction  ;  the  manner  in  which  the  latter  change  takes  place 
is  not  difficult  to  describe. 

V/hen  the  Lidians  were  the  sole  inhabitants  of  the  wilds  from 
whence  they  have  since  been  expelled,  their  wants  were  few. 
Their  arms  were  of  their  own  manufacture,  their  only  drink  was 
the  water  of  the  brook,  and  their  clothes  consisted  of  the  skins 
of  animals,  whose  fleslj  furnished  them  with  food. 

The  Europeans  introduced  amongst  the  savages  of  North 
America  fire-arms,  ardent  .spirits,  and  iron :  they  taught  them 
to  exchange  for  manufactured  stuffs,  die  rough  garments  which 
had  previously  satisfied  their  untutored  simplicity.  Having 
acquired  new  tastes,  without  the  arts  by  which  they  could  be 

•  In  the  thirtfen  original  States,  there  ar     only  6,273  Indians  ieniaiuing.  (See 
Legislative  Docuraeuts.  20th  C'orgress,  No.  il7.  page  90.) 


mm 


S19 


gratified,  the  Indians  were  obliged  to  have  recourse  to  the  work- 
manship of  the  Whites  ;  but  in  return  for  their  productions  the 
savage  had  nothing  to  ofier  except  the  rich  furs  which  still 
abounded  in  his  woods.  Hence  the  chase  became  necessary,  not 
merely  to  j)rovide  for  his  subsistence,  bnt  in  order  to  procure 
tlie  only  objects  of  l)artcr  which  he  could  furnish  to  Europe.* 
Whilst  the  wants  of  the  natives  were  thus  increasing,  their  re- 
sources continued  to  diminish. 

From  the  moment  wiien  an  European  settlement  is  formed  in 
the  neighborhood  of  the  territory  occupied  by  the  Indians,  the 
boasts  of  chase  take  the  alarm. t  Thousands  of  savages,  wan- 
dering in  the  foresid  and  destitute  of  any  fixed  dwelling,  did  not 
disturb  them  ;  but  as  soon  as  the  continuous  sounds  of  European 
labor  are  heard  in  the  neighborhood,  tiicy  begin  to  flee  away, 
and  retire  to  the  west,  where  their  instinct  teaches  them  that  they 
will  find  deserts  of  immeasurable  extent.  "  The  bullaio  is  constantly 
receding,"  say  Mcss'rs  Clarke  and  Cass  in  tlieir  Report  of  the 
year  J(S2i);  "  a  few  years  since  they  approached  the  base  of  the 
Alleghany  ;  and  a  lew  years  hence  they  may  even  be  rare  upon 
:he  inunenso  plains  which  extend  to  the  base  of  the  Rocky  Moun- 
tains." 1  have  been  assured  tiiat  this  eO'ect  of  the  approach  of 
the  Whites  is  often  ielt  at  two  hundred  leagues'  distance  from 


":.?'  ftl 


eiiiaiuing.  (See 


*  iMcssrs.  Cliiikn  iind  C.iss,  in  llicir  Upport  to  Con<ri-ess,  tlie  4th  Fehiiarv  1fe29, 
p  21'.  e\|)r("ss('(l  tlieins(!l\(!s  tliii-'  :  'TIh>  time  when  the  Iiuhims  {rinienilly  c  nid 
stipply  tht'insfivos  with  food  :m(l  clotliiiij;,  without  iiiiy  of 'he  articles  of  civil- 
izi'il  iil'e.  lias  Idiij;  since  |)uss(!d  away.  Tlit!  more  remote  trihea,  heyiuid  the  Mis- 
sis-sipi,  who  live  wliere  iiiiiiie^ise  herds  oC  hntValo  are  yet  to  he  found,  and  who 
follow  those  animals  in  ihcir  permdieal  ntigralions,  conid  more  easily  than  any 
others  rccnr  to  llie  hal)its  ol'  their  ancestors,  and  live  without  the  white  man  or 
;iny  ol'  his  maimractiires.  I5iit  the  hnliiilo  is  constantly  reciMlins.  The  smaller 
imim.iis,  tiio  hear,  the  deiM-  the  heaver  the  otter,  the  mnskrat,  Ac,  principally 
minisle."  to  the  ciimlort  and  support  o'' the  Indians;  and  these  cainiot  be  taUeii 
witlioiit  f'lins,  aiiiinnnitloii  and  traps 

'•  .\moiii.' tlie  North  western  Indians  particidarly,  the  labor  of  supplying  a  fa- 
mily with  food  is  excessive  Day  after  day  is  spent  hy  tiie  hnntcr  without  success, 
ami  diinnj;  this  interval  his  family  must  subsist  npon  bark  or  root.s,  or  |)eri»h. 
Want  aiwl  misery  are  around  them  and  among  them.  3Iaiiy  die  every  winter 
I'roin  actual  starvation.' 

The  Indians  will  not  live  as  Europeans  live  ;  and  yei  they  can  neither  subsist 
without  them,  nor  exactly  after  the  (iishion  of  th(!ir  fathers.  This  is  demonstrated 
by  a  fact  which  I  likewise  give  npon  oliicial  authority.  Some  Indiani  of  a  tribe 
on  the  hanks  of  Laki;  SupiM'ior  had  killed  an  European;  the  American  (Jovern- 
nieiit  interdicted  all  tralli;'.  with  the  tribe  to  which  the  guilty  parties  belonged,  until 
tliey  were  delivered  up  to  justice.     This  measure  had  the  desired  el'.ect. 

t  "  Five  years  ago,  '  (says  V'cdney  in  his  'I'ahleau  des  I'.tats  Unis,  p.  370,1  "  in 
going  from  V  inceimes  to  Ivaskaskia,  a  territory  which  now  forms  part  of  the 
State  oflirun)is,  hut  which  at  the  time  [  mention  was  complefelv  wild  (I7i)7)  you 
could  not  cross  a  prai'-ie  without  seeing  lauds  of  from  four  to  five  liisndrfcd  bnfi'a- 
locs.  There  arc  now  imne  remaining;  they  swam  across  the  Mississippi,  to  escape 
from  the  huuters,  uud  more  purticuiarly  from  tlie  bella  of  the  Amenciui  cc-.vs. 


f 

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320 


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their  frontier.  Their  influence  is  thus  exerted  over  tribes  whose 
name  is  unknown  to  them,  and  who  suffer  the  evils  of  usurpation 
lonp;  before  they  are  acquainted  with  the  authors  of  their  distress.* 

Bold  adventurers  soon  penetrate  into  the  country  the  Indians 
have  deserted,  and  when  they  have  advanced  about  fifteen  or 
twenty  leatrues  from  the  extreme  frontiers  of  the  Whites,  they 
becfin  to  build  habitations  for  civilized  beings  in  the  midst  of  the 
wilderness.  This  is  done  without  difficulty,  as  the  territory  of  a 
huntinp:-nation  is  ill  defined  ;  it  is  tbe  common  jiroperty  of  the 
tribe,  and  belon<2:s  to  no  one  in  particular,  so  that  individual  in- 
terests are  not  concerned  in  the  protection  of  any  part  of  it. 

A  few  European  families  setded  in  difierent  situations  at  a 
considerable  distance  from  each  other,  soon  drive  away  the  wild 
animals  which  remain  between  their  places  of  abode.  The  In- 
dians, who  had  previously  lived  in  a  sort  of  abundnnve,  then 
find  it  difficult  to  subsist,  and  still  more  difficult  to  procure  tlie 
articles  of  barter  wiiich  they  stand  in  need  of. 

To  drive  away  their  game  is  to  deprive  them  of  the  means  of 
existence,  as  eflbctually  as  if  the  fields  of  our  agriculturists  were 
stricken  with  barrenness  ;  and  they  are  reduced,  like  i  iiished 
wolves,  to  f)rowl  through  the  forsaken  woods  in  quest  of  prey. 
Their  instinctive  love  of  their  country  attaches  them  to  the  soil 
Tvhlch  gave  tliem  birth, t  even  after  it  has  ceased  to  yiclil  anything 
but  misery  and  death.  At  length  they  aro  compelled  to  acqui- 
esce, and  to  depart  :  tlicy  follow  the  traces  of  the  elk,  the  buf- 
falo, and  the  braver,  and  are  guided  by  these  wild  animals  In 
the  choice  of  their  ftiture  country.  Proj)orly  speaking,  therefore, 
it  is  not  the  Europeans  who  drive  away  the  native  iidiabitants 
of  America ;  it  is  famine  which  compels  them  to  recede  ;  a  happy 
distinction  which  had  escaped  the  casuists  of  former  times,  and 
for  which  we  are  indebted  to  modern  discovery ! 

It  is  Impossible  to  conceive  the  extent  of  the  sufierlngs  which 
attend    these  forced   emlgralious.     They  are  undertaken  by  a 

*  The  tnilli  of  what  I  hero  advance  nny  be  easily  proved  by  cotisiiliina;  the 
Tnlmhir  ."SKitHiiuMit  of  Iii(iiiiii  Tribes  itih.ibitirifr  the  I'nlled  Siiites  iind  tli»,-ir  terri- 
tories. '  l.estisliitive  [)( iMimenis,  '^Oth  Coriffrcss,  i\o.  1 17,  |>,  f)  ■ — 10").)  It  is  there 
shown  thut  ih(!  fril)e.s  of  America  fire  rapidly  decreasing,  althongli  the  Enropeans 
are  still  at  a  ron-ii  lerahle  distance  from  them. 

t  "  The  (ndiaiis.''  say  Messrs  Clarke  and  Cass  in  their  Report  to  Congress,  p, 
]r>,  "aie  attachiMl  to  their  roiintry  by  the  same  feelings  wliieh  bind  n-i  to  oiir-i; 
and.  hi'sifies.  tlu're  are  eerlain  superstitions  mttions connected  with  the  aliena'ioii 
of  what  the  (ireat  Spirit  gave  to  ilmir  aii('t!.-;|ors  which  operate  strontfiy  njion  the 
tribes  \y\,n  have  m.ide  lew  or  no  cessions,  hiil  v>hi(;h  are  gradiiallv  weakened  a* 
onr  intercourse  wiih  them  is  extended.  '  We  will  not  si-ll  the  spot  which  contains 
the  boiieB  of  our  futhers/  is  uliiiutit  always  the  ilrst  uuswur  to  a  propositiun  for  a 
■ale." 


321 


people  already  exhausted  and  reduced ;  and  the  countries  to 
which  the  new  comers  betake  themselves  are  inhabited  b}'  other 
tribes  which  receive  them  with  jealous  hostility.  Hunger  is 
in  the  rear,  war  awaits  them,  and  misery  besets  them  on  all 
sides.  ]n  the  hope  of  escaping  from  such  a  host  of  enemies, 
they  separate,  and  each  individual  endeavors  to  procure  the 
means  of  supporting  his  existence  in  solitude  and  secrecy,  living 
in  the  immensity  of  the  desert  like  an  outcast  in  civili/'^d 
society.  The  social  tie,  which  distress  liad  long  since  weak- 
eiu'd,  is  then  dissolved  :  they  have  lost  their  country,  and  their 
people  soon  deserts  them  ;  their  very  lamilies  are  obliterated  ; 
llie  names  they  bore  in  common  arc  forgotten,  their  language 
perishes,  and  all  traces  of  their  origin  disappear.  Their  nation 
has  ceased  to  exist,  except  in  the  recollection  of  the  antiquaries 
of  America  and  a  few  of  the  learned  of  Europe. 

I  should  be  sorry  to  have  my  reader  suppose  that  I  am  color- 
ing the  picture  too  highly  :  I  saw  with  my  own  eyes  several  of 
the  cases  of  misery  wliicli  I  have  been  describing  ;  and  I  was 
the  witness  of  suIlV-'ugs  which  I  have  not  the  power  to  por- 
tray. 

At  the  end  of  the  year  1831,  whilst  I  was  on  the  left  bank 
of  the  Mississippi  at  a  place  named  by  Europeans  Memphis, 
there  arrived  a  numerous  band  of  Clioctaws  (or  Chactas,  as 
they  are  called  by  the  French  in  Louisiana.)  These  savages 
had  left  their  country,  and  were  ondcavoring  to  gain  the  right 
bank  of  the  ]Mississippi,  where  they  hoped  to  find  an  asylum 
which  had  been  promised  them  by  the  American  Government. 
It  was  then  the  middle  of  winter,  and  the  cold  was  unusually 
severe  ;  tlie  snow  had  fro/en  hard  upon  the  ground,  and  the 
river  was  drifting  huge  masses  of  ice.  The  Indians  had  their 
fiiinilies  with  theuj ;  and  they  brought  in  their  train  the  wound- 
ed and  the  sick,  with  childn  n  newly  born,  and  old  men  upon 
the  verge  of  deatii.  They  possessed  neither  tents  nor  wag- 
ons, but  only  their  arms  and  souje  provisions.  I  saw  them 
embark  to  pass  the  mighty  river,  and  never  will  that  solemn 
spectacle  fade  from  my  remembrance.  ISo  cry,  no  sob  was 
heard  amongst  the  assembled  crowd  :  all  were  silent.  Their 
calamities  were  of  ancient  date,  and  they  knew  them  to  be  ir- 
remediable. The  Indians  had  all  stepped  into  the  bark  which 
was  to  carry  them  across,  but  their  dogs  remained  upon  the 
hank.  As  soon  as  these  animals  perceived  that  their  masters 
were  finally  leaving  the  shore,  they  set  up  a  dismal  howl,  and, 

41 


H'  k 


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t 


«,, 


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322 


'.( M 


r'*-., 


IT* 


■;5 


■I     .         1: 


« 


k 


Mr- 


it 


plunging  all  together  into  the  icy  waters  of  the  Mississippi, 
they  swam  after  the  boat. 

The  ejectment  of  the  Indians  very  often  takes  place  at  the 
present  day,  in  a  regular,  and,  as  it  were,  a  h^gal  manner. 
When  the  European  population  begins  to  approach  the  limit 
of  the  desert  inhabited  by  a  savage  tribe,  the  Government  of 
the  United  States  usually  dispatches  envoys  to  them,  who  as- 
semble the  Indians  in  a  large  plain,  and  having  first  eaten  and 
drunk  with  them,  accost  them  in  the  following  manner  :  "  What 
have  you  to  do  in  the  land  of  your  fathers?  Before  long  you 
must  dig  up  their  bones  in  order  to  live.  In  what  respect  is 
the  country  you  inhabit  better  than  another?  Arc  there  no 
woods,  marshes,  or  prairies,  except  where  you  dwell  ?  And 
can  you  live  nowhere  but  under  your  own  sun  ?  Beyond  those 
mountains  which  you  see  at  the  horizon,  beyond  the  lake  which 
bounds  your  territory  on  the  West,  there  lie  vast  countries 
where  beasts  of  chase  are  found  in  great  abundance  ;  sell  your 
lands  to  us,  and  go  to  live  hapjiily  in  those  solitudes."  After 
holding  this  language,  they  spread  before  the  eyes  of  the  In- 
dians fi'-e-arms,  woollen  garments,  kegs  of  brandy,  glass  neck- 
laces, bracelets  of  tinsel,  ear-rings,  and  looking-glasses.*  U\ 
when  they  have  beheld  all  these  '-ichos,  they  still  hesitate,  it  is 
insinuated  that  they  have  not  the  means  of  vefiising  their  re- 
quired consent,  and  that  the  (Jovernment  itself  will  not  long 
have  the  power  of  protecting  them  in  their  rights.  What  arc 
they  to  do?  Half  convinced,  and  half  compelled,  they  go  to 
inhabit  new  deserts,  where  the  importunate  Whites  will  not  let 
ihem  remain  ten  years  in  tranquillity.  In  this  marmer  do  the 
Americans  obtain  at  a  very  low  price  whole  provinces,  which 
the  richest  sovereigns  of  Europe  could  not  purchase. f 

*  See  in  the  Legislative  Documents  of  Congress  (Doc.  117.)  the  narrative  of 
vvliat  takes  place  on  these  orcasions.  This  cnrioiis  passage  is  from  itie  aliovf- 
mentioned  Report,  made  to  Congress  by  Mess'rs  Clarice  and  Cas.s  in  February 
1829.     Mr.  Cass  is  nosv  the  Secretary  at  War. 

"  The  Indians,"  says  the  Report,  "  reach  the  treaty-ground  poor,  and  almost 
naked.  Large  (juantities  of  goods  are  taken  there  by  the  traders  and  are  seen 
and  examined  by  the  Indians  Tiie  women  and  children  become  importnnate  to 
have  their  wants  snpj>lied,  and  their  influence  is  soon  e.\erted  to  iiuhice  a  sale. 
Their  improvidence  is  habitual  and  nncoiKpierable.  The  gratiticaiion  of  liis  iiii- 
mediate  wants  and  desires  is  the  ruling  passion  of  an  Indian  :  the  cxpectatinii  of 
future  advantages  seldom  produces  umrli  ellect.  The  experience  of  the  jxist  is 
Jost,  and  the  prospects  of  the  future  disregarded.  It  would  be  utterly  hopeless  to 
demand  a  cession  of  land  unless  the  means  were  at  hand  of  gratilyuig  their  inuiie- 
diate  wants;  and  when  their  condition  and  circumstanres  are  fairly  considered, 
it  ought  not  to  surprise  us  that  they  are  so  anxious  to  relieve  ihemscives." 

t  On  the  l!)th  of  May  IKJO,  Mr.  Tdward  Everett  atlirmed  before  the  House  of 
Representatives,  that  the  Americans  had  already  acquired  by  tnntji.  to  the  ea.st 
and  west  of  the  Mississippi,  '^30,000,000  of  acres.     In  IfriOd  the  Uvuges  gave  up 


323 


;  of  the  Iti- 


Tbese  are  great  evils,  and  it  must  be  added  that  they  appear 
to  me  to  be  irremediable.  I  believe  that  the  Indian  nations  of. 
North  America  are  doomed  to  perish ;  and  that  whenever  the 
Europeans  shall  be  established  on  the  shores  of  the  Pacific 
Ocean,  that  race  of  men  will  be  no  more.*  The  Indians  had 
only  the  two  alternatives  of  war  or  civilization  ;  in  other  words, 
they  must  either  have  destroyed  the  Europeans  or  become  their 
equals. 

At  the  first  settlement  of  the  colonies  they  might  have  found 
it  possible,  by  uniting  their  forces,  to  deliver  themselves  from 
the  small  bodies  of  strangers  who  landed  on  their  continent.f 
They  several  times  attempted  to  do  it,  and  were  on  the  point 
of  succeeding;  but  the  disproportion  of  their  resources,  at  the 
present  day,  when  compared  with  those  of  the  Whites,  is  too 
great  to  allow  such  an  enterprise  to  be  thought  of.  Neverthe- 
less there  do  arise  from  time  to  time  among  the  Indians  men  of 
penetration,  who  foresee  the  final  destiny  which  awaits  the  na- 
tive population,  and  who  exert  themselves  to  unite  all  the  tribes 
m  common  hostility  to  the  Europeans;  but  their  eflbrts  are 
unavailing.  Those  tribes  which  are  in  the  neighborhood  of 
the  Whites,  are  too  much  weakened  to  ofler  an  effectual  resist- 
ance ;  whilst  the  others,  giving  way   to  that  childish  careless- 


48,000,000  ncres  for  an  annual  payment  of  1,000  dollars.  In  1818  the  Qnapaws 
yielded  up  'i!>. 000  00  I  acres  for  1,000  dullarti.  They  reserved  for  themselves  a 
territory  of  1,00  ).000  jifres  for  a  hiinrm;i-!;roritid.  A  solemn  oath  was  lalvcii  that 
it  shonhl  he  respected:  hot  hefore  lonjj  it  was  invaded  like  the  r<!st. 

]Mr.  IJell,  in  his  •  Report  of  the  ('ommitloe  on  Indian  alliiirs.'  February  21, 18:?0, 
has  these  words:  "  To  p;iy  an  Indian  tcihe  wliat  their  ancient  hnntinij-jfronnds  are 
worth  to  them,  after  the  pame  is  lied  or  destroved,  as  a  mode  of  appropriating 
wild  lands  claimed  hy  Indians  lias  been  found  more;  convenient,  and  certainly  it 
is  more  agreeable  to  the  forms  (d'  insTuM'  as  w(di  as  more  mcrcifid,  than  to  assert 
till!  possession  of  them  by  the  sword  Thiisth('  pr.'n'tice  of  buying  Indian  titles  is 
but  the  substitute  winch  humanity  and  expediency  have  imposed,  in  jdaee  of  the 
sword,  in  arnvina;  at  the  actual  enjoymenl  of  property  claimed  by  the  rijrht  of 
discovery,  and  sanclioueil  by  thiMiatural  superiority  atlow(!d  to  the  claims  of  ci- 
vih/.cd  comumnitit's.  over  those  ot"  sav:ij;(>  trilies.  Tp  to  the  present  time,  so  in- 
viiriiihle  has  Ihmmi  tiu'  operation  of  ccrliim  c  iscs.  first  ui  diminishing  the  value  of 
forest  l.inds  to  (he  Indians,  and  scconilly  in  disposiuf;  them  to  sell  readily,  that 
the  pla-i  of  buy  i  n,'.M  he  irri;,dit  of  ocni  panes  has  inn  (;r  threatened  to  retard  many  per- 
ceptibl(\  dcirree,  the  prosperity  of  any  of  tiie  States."  (Legislative  Documents, 
yist  Coni^'ress,  \o.  ;i'i7,  p.  (i  )' 

♦  This  seems,  in  'eed,  to  he  the  opinion  of  almost  all  American  statosmcti, 
"Judfrin}r<d'  tin'  future  by  the  past,"  says  Mr.  (^i.ss,  '•  wecanimt  errui  anticipating 
a  ])ro>rressi\e  dinunutitm  of  their  numbers,  and  their  eventual  extinction,  nrdess 
our  border  slioiild  become  station;iry,  and  they  ho  removed  beyond  it,  or  unle.ss 
SOUK!  radical  ciiange  should  lake  place  in  the  principles  of  our  intercourse  with 
theui,  which  il  is  easier  Ir)  hope  for  than  to  expect." 

t  .\uiouirst  other  warlike  enterprises,  there  was  one  of  the  Wampanaogs  and 
other  cfuifedeiate  liibes,  under  Metacom  in  1075.  against  the  colonists  of  New 
England  ;  the  Englisli  were  also  engaged  in  war  iu  Virginia  in  1G22. 


m 


S24 


'^r!:  !i 


■'I 


r 


■fl! 


1 

Jr. 

< 


(Ml^ 


ness  of  the  morrow  which  characterizes  savage  life,  wait  for 
the  near  approach  of  danger  before  ihey  prepare  to  meet  it : 
some  are  unable,  the  others  are  unwilling,  to  exert  themselves. 

It  is  easy  to  foresee  that  the  Indians  will  never  conloi-m  to 
civilization ;  or  that  it  will  be  too  late,  whenever  they  may  be 
inclified  to  make  the  experiment. 

Civilization  is  the  result  of  along  social  process  which  takes 
place  in  the  same  spot,  and  is  handed  down  from  one  genera- 
tion to  another,  each  one  profiting  by  the  experience  of  the  last. 
Of  all  nations,  those  submit  to  civilization  with  the  most  diffi- 
culty, which  habitually  live  by  the  chase.  Pastoral  tribes,  in- 
deed, often  change  their  place  of  abode  ;  but  they  follow  a  re- 
gular order  in  t)  'r  migrations,  and  often  return  again  to  their 
old  stations,  wlf'.«.  the  dwelling  of  the  hunter  varies  with  that 
of  the  animals  hv,  pursues. 

t^everal  attempts  have  been  made  to  diffuse  knowledge 
amongst  the  Indians,  withof  controlling  their  wandering  pro- 
pensities ;  by  the  Jesuits  in  Canada,  and  by  the  Puritans  in 
Newl'iUgland  ;*  l)ut  noiir  of  these  endeavors  were  crowned  by 
any  lasting  success.  Civilization  began  in  the  cabin,  but  it  soon 
retired  to  expire  in  the  woods.  The  gn^at  error  of  these  legis- 
lators of  the  Indians  was  their  not  understanding,  that  in  order 
to  succeed  in  civilizing  a  people,  it  is  first  necessary  to  fix  it  ; 
which  cannot  be  done  without  inducing  it  to  cultivate  the  soil  : 
the  Indians  ouylit  in  the  first  j)lace  to  have  been  accustomed  to 
agriculture.  But  not  only  arc  they  destitute  of  this  in(lis[)ensa- 
ble  j)re'i!ninarv  to  civilization,  they  would  even  have  great  dilii- 
culty  in  acquirina:  it.  Men  who  have  once  abandoned  them- 
selves to  the  restless  and  adventurous  life  of  the  hunter,  feel  an 
insurmountable  disgust  for  the  constant  and  regular  labor  which 
tillage^  recpiires.  We  see  this  proved  in  the  bosom  of  om*  own 
society  ;  l)ut  it  is  far  more  visible  among  peoples  whose  partial- 
ity for  the  chase  is  a  part  of  their  national  character. 

Independently  of  this  general  difiiculty,  there  is  another  which 
r.].'j,lies  peculiarly  to  the  Indians;  they  consider  labor  not  merely 
as  an  evil,  but  as  a  disgrace  ;  so  that  their  pride  prevents  them 
from  becoming  civ'lized,  as  nmch  as  their  indolence.-j- 

*  Sec  the  '  Ilistoiie  de  la  Noiivelle  Franco'  by  Cliarlevoix,  and  the  work  entit- 
led '  J.cttrcs  (ulili mti's". 

t  "  In  nil  the  tribes,"  says  Voliiey  in  Iiis  'Tableau  des  Etat;  I'nis,'  p.  4211, 
"  there  still  exists  a  freiieratidii  ofdlil  warriors,  who  caniidt  lorbear,  when  thev 
see  t  fir  eoiuitrynien  iisinj,'  the  hoc,  IVoiii  exdaiiiiinj^  aj;ainst  t!i«i  di'jrradation  of 
ancMMit  niinners.  and  assertni;;  that  the  sava^'es  own  their  deeline  lo  tluse  inno- 
vations ;  adding,  tiiat  they  havt;  only  to  return  lo  their  primitive  hubUs,  m  order 
to  recover  their  power  and  their  glory." 


S25 


he  work  entit- 


Tlierp  is  no  Indian  so  wretched  as  not  to  retain,  under  his 
hut  of  bark,  a  h)(iv  idea  of  his  personal  worth  ;  he  considers 
the  cares  of  in(histry  and  labor  as  dea^rading;  occupations  ;  he 
compares  the  husbandman  to  the  ox  which  traces  the  furrow  ; 
and  even  in  our  most  ingenious  handicraft,  he  can  see  nothing 
but  the  labor  of  slaves.  Not  that  he  is  devoid  of  admiration  for 
the  power  and  intellectual  greatness  of  the  Whites ;  but  although 
the  result  of  our  efforts  surprises  him,  he  contemns  the  means  by 
which  we  (obtain  it ;  and  while  he  acknowledges  our  ascendancy, 
he  still  believes  in  his  su})eriority.  War  and  hunting  are  the 
only  pursuits  which  appear  to  him  worthy  to  be  the  occupations 
of  a  man.*  The  Indian,  in  the  dreary  solitudes  of  his  woods, 
cherishes  the  same  ideas,  the  same  opinions  as  the  noble  of  the 
3Iiddle  Ages  in  his  castle,  and  he  only  requires  to  become  a 
conqueror  to  complete  the  resemblance  :  thus,  however  strange 
it  may  seem,  it  is  in  the  forests  of  the  New  World,  and  not 
amongst  the  Europeans  who  jieople  its  coasts,  that  the  ancient 
pr«;ju(lices  of  Europe  are  still  in  existence. 

More  than  once,  in  the  course  of  this  work,  I  have  endeavored 
to  explain  the  jjiodigious  inlluence  which  the  social  condition 
appears  to  exercise  upon  the  laws  and  the  manners  of  men  ;  and  I 
beg  to  add  a  Ivw  word;^  on  the  same  subject.  When  1  perceive  the 
resemblance  whicli  exists  between  the  political  institutions  of  our 
ance:  .ors,  the  (Jcrmans,  and  of  the  wandering  tribes  of  North 
America  ;  between  the  customs  described  by  Tacitus,  and  those 
of  which  1  have  sometimes  been  a  witness,  J  cannot  help  think- 
ing that  the  same  cause  has  brouglit  about  the  same  results  in 
both  hcmisplieres ;  and  that  in  the  midst  of  the  apparent  diver- 
sity oi  lunnan  affairs,  a  certain  nmnber  of  |)rimary  lacts  may  be 
disco\ere(l,  from  which  all  the  others  are  derived.  In  what  we 
usually  call  the  (icrman  institutions,  then,  1  am  inclined  only  to 
perceive  barbarian  habits ;  and  the  opinions  of  savages,  in  what 
we  style  il-udal  princii)les. 

However  strongly  the  vices  and  prejudices  of  the  North  Ame- 

^  Tlio  rollowiii-r  (Icscriplioii  ocnirs  in  an  ollicial  dociimoiit.  "  Until  a  yoniig 
man  lias  Ijceii  (Mi!;,ii:t'(l  witli  an  (MiiMny,  and  lias  |)f' rConnod  tionie  ads  of  valor, 
lie  gains  no  roiisnliraiion,  hnt  is  rcjiardod  nearly  as  a  woman.  In  llieir  preat 
war-dancos,  all  ilitr  warriors  in  sncci!.>sion  sU'ike  tin'  post,  as  it  is  called,  and  re- 
count their  exploits  On  these  occasions  ilieir  auditory  <'onsists  of  the  kinsmen, 
friends,  and  comrades  of  tiie  narrator.  The  profonnd  i«ipression  which  his  di?- 
coinsi!  produces  on  liiem  is  manifested  hy  the  silent  attention  it  receives,  and  l)y 
tlie  loud  shouts  which  hail  its  lerimnation.  'I'iie  yoiini,'  man  who  finds  himself  at 
s^iich  a  meeting'  wiliioii'  anylliiiii:  to  recoinil.is  very  nnlniipy  :  and  insiaiices  have 
sometimes  occnred  of  yoiiiifi  warriors,  whose  passions  hati  heen  thus  indamed, 
quitliii;;tlie  war-dance  snddeiily,  and  fioinj;  oil"  alone  to  seek  for  lrophii!s  which 
they  luig.u  exhibit,  uud  advuiitiues  which  ihcy  might  be  allowed  to  relate.'' 


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rican  Indians  may  be  opposed  to  their  becoming  agricultural 
and  civilized,  necessity  sometimes  obliges  them  to  it.  Several 
of  the  Southern  nations,  and  amongst  others  the  Cherokees  and 
the  Creeks,*  were  surrounded  by  Europeans,  who  had  landed 
on  the  shores  of  tlie  Atlantic ;  and  who,  either  descending  the 
Ohio  or  proceeding  up  the  Mississippi,  arrived  simultaneously 
upon  their  borders.  These  tribes  have  not  been  driven  from 
place  to  place,  like  their  Northern  brethren  ;  but  they  have  been 
gradually  inclosed  within  narrow  limits,  like  the  game  within  the 
thicket  before  the  huntsmen  plunge  into  the  interior.  The  In- 
dians, who  were  thus  placed  between  civilization  and  death, 
found  themselves  obliged  to  live  by  ignominious  labor  like  the 
Whites.  They  took  to  agriculture,  and,  without  entirely  for- 
saking their  old  habits  or  manners,  sacrificed  only  as  much  as 
was  necessary  to  their  existence. 

'J'he  Cherokees  went  further;  they  created  a  written  lan- 
guage ;  established  a  permanent  form  of  government;  and  as 
everything  proceeds  rapidly  in  the  New  World,  before  they 
had  all  of  them  clothes,  they  set  up  a  nevvspaper.f 

The  growth  of  Eiu'opean  habits  has  been  remarkably  accel- 
erated among  these  Indians  by  the  mixed  race  which  has  sprung 
up.|  Deriving  intelligence  from  the  father's  side,  without  en- 
tirely losing  the  savage  customs  of  the  mother,  the  half-blood 
forms  the  natm-al  link  between  civilization  and  barbarism. 
Wherever  this  race  has  midciplied,  the  savage  state  has  become 
modified,  and  a  great  change  has  taken  place  in  the  manners 
of  the  people. § 

*  Tl)ese  iinlioiis  an;  now  svval'owetl  up  in  tlie  States  of  fieorpin.  Tpiinessee, 
Alabama,  and  Mississippi.  'I'lieic  were  (oriiierly  in  the  South  four  g^reat  na- 
tions, (reninaiits  of  winch  still  exist  )  the  Choetaws  the  Chikasaws,  the  Creeks, 
and  tlie  Ciierokees.  'J'lie  remnants  of  these  four  nations  amounted  in 
lr;?0  to  aiiont  Tf), (KM)  individuals  It  is  computed  that  there  are  im)w  remaining 
in  the  territory  oerupied  or  claimed  hy  the  Anplo-American  Ur)ion.iliout  ;jLO,flllU 
Indians.  (See  l'roceedin<rs  of  the  'ndian  Board  in  the  citv  of  New  Yoik.)  'I'lie 
nrtirial  documents  supplied  to  Con;rress  make  tli<!  inimher  amount  to  miMliO. 
The  reader  who  is  curious  to  know  tite  names  and  iniuierical  strength  of  all  the 
trihes  which  iMliai)it  the  An^do-.Americm  territory,  should  considt  the  docunieiits 
I  refer  to.     ( l.eirislatise  Documents,  iiOth  Congress,  Mo.  J 17,  p.  0  )— 10').) 

t  I  brouijht  hack  with  me  to  France  one  or  two  copies  of  tliis  singular  publica- 
tion. 

t  ?ee  in  the  Report  of  the  Connnittee  on  Indian  aifairs,  21st  Congress,  No. 
227,  p.  2:5  the  rea-!(ins  for  the  undtiplication  of  Indians  of  mixed  hlood  among 
the  Chen  kecs.  'i"he  principal  cause  dates  from  the  \Var  of  Independence. 
Many  .Vn^.-lo-.Americans  of  (ieor^'ia,  having  taken  the  side  of  England,  were 
oblijied  to  retreat  amoui;  the  Indians,  where  they  married. 

^  I'nliappily  iIk?  mixed  lace  has  been  le>is  numerous  and  less  influential  in 
North  America  than  in  any  oilier  country.  The  American  continent  was  peojjled 
by  two  ;.'reat  nations  of  Kurope  the  French  and  the  Eiifilisii.  The  former  were 
not  slow  iu  connecting  themselves  with  the  daughters  of  the  natives ;  but  there 


327 


The  success  of  the  Oherokces  proves  that  the  Indians  are 
capable  of  civilization,  bin  it  does  not  prove  that  they  will  suc- 
ceed in  it.  The  dilliculty  which  the  Indians  find  in  submitting 
to  civilization  proceeds  from  the  influence  of  a  general  cause, 
which  it  is  almost  impossible  for  them  to  escape.  An  attentive 
survey  of  history  demonstrates  that,  in  general,  barbarous  na- 
tions have  raised  themselves  to  civilization  l)y  degrees,  and  by 
tlieir  own  eii'orts.  Whenever  they  derived  knowledge  from  a 
foreign  people  they  stood  towards  it  in  the  relation  of  conquer- 
ors, and  not  of  a  conquered  nation.  When  the  conquered 
nation  is  enlightened,  and  the  conquerors  are  half  savage,  as  in 
the  case  of  the  invasion  of  Rome  by  the  northern  nations  or 
that  of  China  by  the  Moguls,  the  power  which  victory  bestows 
upon  the  barbarian  is  sutiicient  to  keep  up  his  impivrtance  among 
civilized  men,  and  permit  him  to  rank  as  their  equal,  until  he 
becomes  their  rival :  the  one  has  might  on  his  siile,  the  other 
has  intelligence ;  the  former  admires  the  knowledge  and  the 
arts  of  the  conquered,  the  latter  envies  the  power  of  the  con- 
querors. Tiie  i)arbarians  at  length  admit  civilized  man  into 
their  palaces,  and  he  in  turn  open  his  schools  to  the  barbarians. 
But  when  the  side  on  which  the  physical  force  lies,  also  pos- 
sesses an  intellectual  preponderance,  the  conquered  party  sel- 
dom becomes  civilized  ;  it  retreats,  or  is  destroyed.  It  may 
therefore  be  said,  in  a  general  way,  that  savages  go  forth  in 
arms  to  seek  knowledge,  but  that  they  do  not  receive  it  when 
it  comes  to  them. 

If  the  Indian  tribes  which  now  inhabit  the  heart  of  the  con- 
tinent could  summon  up  energy  enough  to  attempt  to  civilize 
themselves,  they  might  j)ossibly  succeed.  Superior  already  to 
the  barbarous  nations  which  surround  them,  they  would  gradu- 

was  an  unrortiuifite  affinity  between  tlie  Indian  character  and  their  ovvn  :  instead 
of  giving  the  tastes  and  hahits  ofcivilized  hie  to  the  8;iva<:es,  the  rreiieli  too  ol'ien 
grew  passionately  fond  of  Ihe  state  of  wild  freedom  tliey  foiinri  them  in.  'I'hey 
became  the  most  dangerons  of  tiie  inhahifints  of  the  desert,  and  won  the  friend- 
ship  of  the  Indian  by  exaggerating  his  vices  and  his  virtnes.  M.  de  Senonvilie, 
the  Governor  of  Canada,  wrote  thus  to  Loms  XIV.  in  KW,"):  "  It  has  lonjr  been 
believed  that  in  order  to  civilize  the  savages  we  ought  to  draw  them  nearer  to  iis, 
but  there  is  every  reason  to  suppose  we  have  been  mistaken.  'I'liose  whicli  have 
been  brought  into  contact  with  (is  have  not  become  Krennii.  and  ihe  rri'iich  who 
have  lived  anixng  them  are  chiinged  info  sava;;es,  atVecting  to  live  and  dress  hke 
them."  (Misiory  of  New  France,  by  Charlevoix  vol  ii.  p.  ;i45.)  Tiio  Knglisli- 
man  on  the  contrary,  continning  cbstiiiafeiy  attached  to  tiie  cnstoms  ami  tiie  most 
insignificant  habit.s  of  hi.s  forefatlu  rs,  has  remained  in  tlie  mid.-it  of  ihe  .American 
solitudes  just  what  he  was  in  the  bosom  of  I'lirope.in  cities;  he  would  not  allow 
of  any  cnnnnnnication  with  savages  wh(Mn  he  disjtised,  and  avoided  with  care  the 
union  of  liis  race  with  theirs.  Thus,  while  the  Freeich  exercised  no  salutary  in- 
fluence over  the  Indians,  the  English  have  always  remained  alien  from  them. 


I 

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ally  f^aiti  strciig'tli  and  experience  ;  and  when  the  Knropcans 
should  appcjir  upon  their  borders,  lliey  would  be  in  a  slate,  if 
not  to  maintain  their  independence,  at  least  lo  assert  their  ri^lit 
to  the  soil,  and  to  incorp«»rate  iheniselves  with  the  eon{|ii(  rors. 
But  it  is  the  misCorlune  ot  Indians  to  be  brought  into  contact 
witii  a  civili/.ed  people,  which  is  also  (it  i.iay  be  owned)  the 
most  avaricious  nation  on  the  g'lohe,  whilst  they  are  still  semi- 
barbarian  :  to  find  despots  in  their  instructors,  and  to  receive 
knowledufe  from  the  hand  of  oppression.  Living;  iii  the  free- 
dom of  the  woods,  the  \orth  iVmerican  Indian  was  destitute, 
but  he  had  no  feeliuj^  of  inferiority  tovvartis  any  one  ;  as  soon, 
liowever,  as  he  desires  to  penetrate  into  the  social  scale  of  the 
AV'hites,  he  takes  the  lowest  raidi  in  society,  for  he  enters  igno- 
rant and  poor  within  the  pale  of  science  and  wealth.  After 
having  led  a  life  of  agitation,  beset  with  evils  and  dangers,  but 
at  the  same  time  filled  with  proud  emotions,*  he  is  obliged  to 
submit  to  a  wearisome,  obscure,  and  degraded  state  ;  and  to 
gain  the  bread  which  nourishes  bin)  by  hard  and  ignoble  la- 
bor ;  such  are  in  his  eyes  the  only  results  of  which  civili'Aatioii 
can  boast :  and  even  this  much  he  is  not  sure  to  obtain. 

When  the  Indians  undertake  to  imitate  their  Kurojx'an  neigh- 
bors, and  to  till  the  earth  like  the  settlers,  the\  v  iinmediutelv 
exposed  to  a  very  formidable  comjietition.  'J'lie  w  bite  man  is 
skilled  in  the  cralt  of  agriculture  ;  the  Indian  is  a  rough  begin- 
ner in  an  art  w  itii  which  he  is  unac(|uainted.     '.riie  former  reaj);; 

*  There  is  in  tlie  adventurous  lifo  of  the  Imiitcr  a  certain  iMcsi-itlMc  rlinnii 
wliicli  seizes  the  ueart  of  man,  ami  carries  him  away  in  spite  of  rt'ason  and  expe- 
rience. Tiiis  is  plainly  shown  hy  the  Memoirs  of  Tanner,  'i'annrr  is  a  lano- 
pean  who  was  carried  away  at  the  age  of  six  by  the  Indians,  and  has  iciiiaincd 
thirty  years  with  them  in  the  woods,  .\otiiing  can  i)e  conceived  more  a|»paliM;; 
than  the  miseries  which  he  (lescrihes.  He  tells  tis  of  lrii)es  witimnt  a  chief  (ii- 
niilies  without  a  nation  to  call  their  own,  men  in  a  state  of  i-iolation,  wrecks  (if 
powerful  tril)es  wandering  at  random  amid  the  i>;e  and  rtiow  and  desolate  soli- 
tudes of  Canada.  Hunger  and  cold  pursue  them;  e\ery  ilay  tht-ir  life  is  ii; 
jeopardy.  Amon<;st  these  nnMi,  maimers  have  lost  t.heir  empire,  traditions  arr 
without  jjower.  They  hecome  more  and  more  savage,  'i'antnjr  >l:.ircd  in  nil 
these  miseries ;  lie  w  as  aware  of  his  European  origin  ;  he  was  not  kept  away  from 
tilt!  Whites  hy  force;  on  the  contrary,  he  came  every  year  lo  trade  with  tliciii, 
ejitered  their  dwellings,  and  witnessed  their  enjoyments ;  he  knew  that  whenever 
he  chose  to  return  to  civil  zed  lile,  he  was  perfectly  ahle  to  do  so, — and  ho 
remained  thirty  years  in  the  deserts.  When  he  came  into  civilized  society,  he  de- 
clared that  tiie  rude  existence  which  he  described,  had  a  secret  charm  for  hiiii 
which  he  was  unable  to  define  :  he  returned  to  it  agaiti  and  again  :  at  length  he 
abandoned  it  wih  poignant  regret;  and  when  he  was  at  length  lived  among  the 
Whites,  several  r.f  his  children  refused  to  share  his  trincpiil  and  ea.sy  situation.  1 
saw  'I'anner  myself  at  the  lower  end  of  Lake  Superior:  lie  seemed  lo  nie  lo  he 
more  like  ii  .savage  than  a  civiliijed  being.  His  book  is  written  without  either 
taste  or  order;  but  he  gives,  even  unconsciously,  a  lively  picture  of  llie  prejuJices 
the  passions,  the  vices,  and,  above  all,  of  the  destitution  iu  which  he  Uved. 


329 


abundant  crops  without  (Ufficulty,  tlio  lattrr  meets  with  a  thou- 
sand obstacles  in  raisioii;  the  fruits  of  the  earth. 

The  European  is  placed  amongst  a  population  whose  wants 
he  knows  and  partakes.  The  savaf^e  is  isolated  in  the  midst  of 
a  hostile  peopli*,  with  whose  maimers,  lanu;uap,(»,  and  laws  lie  is 
Imperfectly  acquainted,  but  without  whose  assistance  he  cannot 
live.  He  can  only  procun*  the  materials  of  comfort  by  barter- 
iiiiX  his  commodities  au;ainst  the  i:,oods  of  tlu'  iMiropean,  for  the 
assistance  of  his  countrymen  is  wholly  insuflicient  to  supply  his 
wants.  When  the  Indian  wl  lies  to  sell  die  jiroduce  of  his  labor, 
lie  cannot  always  meet  with  a  pnrchaser,  whilst  the  Kiiropcaii 
readily  finds  a  market ;  and  the  former  can  only  produce  at  a 
coiisiderabh^  cost,  that  which  the  latter  vends  at  a  very  low  rate. 
'J'lius  the  Indian  has  no  sooner  escaped  those  evils  to  which  bar- 
barous nations  ii,re  exposed,  than  he  is  subjected  to  the  still 
ui^rcater  miseries  of  civili/eil  communities  ;  and  he  (iiids  it  scarcely 
less  dilliciilt  to  live  in  the  midst  of  our  abundance,  than  in  the 
depth  of  his  own  wilderness. 

He  has  not  yet  lost  the  habits  of  his  erratic  life  ;  the  traditions 
of  his  fathers  mikI  his  passion  i'or  the  cliasi'  are  still  alive  within 
him.  The  wild  enjoyments  which  formerly  animated  him  in  the 
woods  painfull  V  excite  his  troubled  imagination  ;  and  his  former 
|)rivations  appear  to  be  less  keen,  his  fonner  perils  less  ajipalliiij^. 
He  contrasts  the  iii(le|)endence  which  he  possessed  amonjist  his 
equals  with  tlu,'  servile  position  uliich  he  occupies  in  ci\ili7,e(l 
society.  On  the  other  liand,  the  solitudes  which  were  so  long 
his  free  home  are  still  at  hand ;  a  few  hours'  march  will  bring 
iiim  back  to  them  once  more.  The  Whites  oiler  him  a  sum, 
which  seems  to  him  to  be  considerable,  for  the  ground  which  he 
has  begun  to  clear.  This  money  of  the  Kurojjcans  may  possi- 
bly lin-nisli  him  with  the  means  of  a  liapj)y  and  i)eacefiil  subsist- 
once  in  renu)ter  regions ;  and  he  cpiits  th(^  plough,  resumes  his 
native  arms,  and  returns  to  the  wilderness  for  ever.*     The  con- 

*  The  destnictivo  intliionce  of  liisfhly  civilized  niitioiiH  upon  otiicrs  wliicli  are 
less  so,  has  htt-'ii  oxeinpliticd  by  tlu;  ljiropi>aiis  tiieinselves.  About  a  century 
ago  the  Freiif.h  fomided  tlic  town  of  Viiici'iiiics  upon  tiic  W'abasli,  in  the  middle 
of  the  desert ;  and  they  lived  tliere  in  great  plenty,  until  the  arrival  of  the  Anic- 
riciui  settlers,  who  first  ruined  the  previous  inhabitants  by  their  competition,  and 
afterwards  purchased  their  lands  at  a  very  low  rate.  At  the  time  when  M.  de 
V'ohiey,  from  wiioin  I  borrow  these  d<tads,  passed  through  Vincennes  the  num- 
ber of  the  French  was  retluced  ti)  a  imndred  individuals,  most  of  whom  were 
about  to  piiss  over  to  Louisiaim  or  to  Canada.  These  rrencli  settlers  were 
worthy  people,  but  idle  and  uniustructed  :  they  hiid  conlracted  many  of  the  hab- 
its of  s  ivages.  Tiie  Auiericans,  who  were  perhaps  their  iid'enors  in  a  moral 
point  of  view,  were  immeasurably  superior  to  theui  in  intelligence  :  they  were 

42 


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dition  of  tho  CiToks  and  Clicrokors,  to  wliicli  I  have  alrrady 
alliidorl,  siifliciontly  corroborates   tlie   truth  of  tliis  dcplorahlp 

picture. 

The  Tndiaus,  in  tlio  little  which  thoy  have  done,  have  iinqnes- 
tioiiahly  displayed  as  nuieh  natural  ju;enius  as  the  peoples  of  Ku- 
r()[)e  ill  their  most  iiiiporta.it  desiijfiis  ;  but  nations  as  well  as  inon 
re()iiire  time  to  learn,  whatever  may  be  their  intelligence  and 
their  zeal.  Whilst  the  savau;es  were  cnf?au;ed  in  the  work  of 
civilization,  the  Euro|)eans  continued  to  surround  them  on  every 
side,  and  to  conline  them  w  ithin  narrower  limits ;  the  two  races 
gradually  met,  and  they  are  now  in  immediate  Juxta-positioii  to 
each  other.  The  Indian  is  alresidy  sujarior  to  his  barbarous 
parent,  but  he  is  still  very  I'ar  below  his  white  neii-hbor.  With 
their  resources  and  ac(|uire(l  knowlediic,  the  Europeans  sociii 
ap|)r(^priated  to  themselves  most  of  the  a(lvaiitafj;es  which  the 
natives  minht  have  deriM'd  iVoin  the  possession  of  the  soil :  they 
liave  settled  in  the  country,  they  have  purchased  land  at  a  very 
low  rate  or  have  occiipie(l  it  by  force,  and  the  Indians  have  been 
ruined  by  a  competition  which  they  had  not  the  means  of  resist- 
ing. They  were  isolated  in  their  own  country,  and  their  race 
only  constituted  a  colony  of  troublesome  aliens  in  the  midst  of  a 
numerous  and  domineering  people.* 

industrious,  well-infonnecl,  rich,  nnd  accnstomecl  to  govern  their  own  comniu- 

I  myself  s;uv  in  Canadn,  where  tlic  intellectiuil  (litlerence  l)etvvet'n  the  two 
races  is  less  .stiiking,  tiiut  the  I'njfhsh  are  tlie  masters  of  coinnierce  and  mannfiic- 
tnre  in  the  ("anadian  country,  tiiat  they  spread  on  all  sides,  and  confine  the 
French  within  Innits  whicli  scarcely  snthce  to  contain  tlicm.  In  hhc  manner,  in 
Louisiana,  ahnost  all  activity  in  coaiuicrcc  and  manufacture  centres  in  the  handa 
of  the  Anglo-Americans. 

15nt  the  case  of  Texas  is  still  more  striking:  the  State  of  Te:?as  is  a  part  of 
Mexico,  and  lies  u])on  the  frontier  l)etween  tiiat  country  and  the  I'nited  Stales. 
In  the  course  of  the  last  few  years  the  Anglo-Americans  have  penetrated  into 
this  i)rovince,  which  is  still  thinly  peopled  :  they  jjurchase  laud,  they  produce  the 
commodities  of  the  country,  and  supplant  the  original  population.  It  may  easily 
be  foreseen  that  if  Mexico  fikes  no  stejjs  to  check  this  change,  the  province  of 
Texas  will  very  shortly  cease  to  belong  to  that  (jlovernmcnt. 

If  the  ditforent  degrees — comparatively  so  slight — which  exist  in  European  civi- 
lization  produce  results  of  such  magnitude,  the  consecpiences  which  nmst  ensue 
from  the  collision  of  the  most  perfect  t',uropean  civilization  with  Indian  savages 
may  readily  be  conct^ived. 

*  See  in  the  Legislative  Documents  (21st  Congress,  No.  89,)  instances  of  ex- 
cesses of  every  kind  committed  by  the  Whites  npon  the  territory  of  the  Indians, 
either  in  taking  possession  of  a  part  of  their  lands,  until  compelled  to  retire  by  the 
troops  of  Congress,  or  carrying  off  their  caUle,  burning  their  houses,  cutting 
down  their  corn,  and  doing  violence  to  their  persons. 

It  appears,  nevertheless,  from  all  these  documents  that  the  claims  of  the  natives 
are  constantly  protected  by  the  Government  from  the  abuse  of  force.  The  Union 
has  a  representative  agent  continually  employed  to  reside  among  the  Indians  ; 
and  the  report  of  the  Cherokee  agent,  which  is  among  the  documents  I  have  re- 


r  own  coniniu- 


331 

Washinp'ton  said  in  ono  of  lils  mrssnfrp<?  to  Conprpss,  "  Wc 
•,\rv  more  niliplitnicd  and  powtTl'Ml  tliiin  tlir  Indian  nations,  we 
nrr  therefore  !)ouiid  in  honor  to  treat  them  with  kiixhiess  and 
even  with  jfenerosity."  lint  this  virtuous  and  hii^h-niindod  po- 
lit'V  has  not  been  followed.  Tiie  rapiuity  of  the  settlers  is 
usually  hacked  by  the  tyranny  of  the  (lovernnient.  Although 
the  C'herokees  and  the  Creeks  are  estahlished  upon  the  territory 
which  they  inhabited  belbre  the  settlenjent  «)f  tin-  I'iUropeans, 
and  althoufjh  the  Americans  have  lre(|uently  treated  with  theni 
as  with  foreign  nations,  the  surroundinu;  States  have  not  con- 
sented to  acknowledfj^e  them  as  iiulependent  |)eo|)les,  and  at- 
tempts have  been  made  to  suliject  these  children  of  the  woods  to 
Anylo-American  maL!:istrat«'s,  laws,  and  customs.*  Destitution 
had  driven  these  unfortimate  Indians  to  civilization,  and  oppres- 
sion now  drives  them  back  to  their  former  condition ;  niany  (A' 

1  beu:un  to  clear,  and  return 


to  tl 


leu"  savai>e  course  o 


f  life. 


they 


If  we  c»»nsi(ler  the  tyrannical  measures  which  have  been  adopt- 
ed by  the  leiiislatures  of  the  Southern  States,  the  conduct  of  their 
Governors,  and  the  decrees  of  their  courts  of  justici',  we  shall 
be  convinced  that  the  entire  i  \pulsion  ol'the  Indians  is  tlu>  linal 
result  to  which  the  eOorts  of  their  policy  are  directed.  The 
Americans  of  that  part  of  the  Inion  look  with  jeaUaisy  upon 
the  al)oriu'ines,f  they  are  awan;  that  these  tribes  have  not  yet 
lost  tlu'  traditions  of  savaiic  lili*,  and  before  civilization  has  j)er- 
rnanently  fixed  them  to  the  soil,  it  is  intended  to  force  them  to 
recede  by  redm^in^  them  to  despair.     'IMie  Creeks  and  Chero- 


fiirrt'd  to,  is  almost  always  favorahlo  to  tlic  Indians.  "  Tlio  intrusion  ofWliites," 
lit'si\>i.  "  upon  till'  lands  of  tlie  Cherokee  would  cause  ruin  to  tiie  poor,  lielp- 
K'ssaiid  inolVciisivc  inliaMtanis."  And  lie  turtlier  remarks  npon  tli(>  altoinpt  of 
tiie  Slate  of  (ieor;;ia  to  esialilisli  a  division  line  for  tlie  pnrpose  of  limiting  tlia 
bi)ini(iaries  of  tlie  (Jlierokees,  that  the  line  drawn  liavMig  been  made  liy  the 
Whites,  and  entirely  upon  rr  pnrti'  evidence  of  tlieir  several  rights,  was  of  no 
validity  whatever. 

'  In  l."<i!t  theState  of  Alabama  <livided  the  Creek  territory  into  comities,  and 
suhjertcd  llie  Indian  popniationto  the  power  of  Kiiropean  magistrates. 

hi  1*50  the  State  of  Mississippi  assimilated  the  Ch(uta\Ts  and  Chickasaws  to 
tiie  white  population,  and  declared  that  anv  of  them  that  siumld  take  the  title  of 
eiiiet  would  he  punished  by  a  tine  of  KMH)  dollars  anil  a  year's  imprisonment. 
When  these  laws  were  enforced  upon  the  (Mioctaws  who  inhabited  that  district, 
the  tribe  assembled,  their  chief  coiniiiuiiicated  to  them  the  intentions  of  the 
Wiiites,  and  rend  to  them  some  of  the  laws  to  which  it  was  intended  that  tliey 
slioiiid  submit  ;  and  they  uiiaiiiinou-ily  declared  that  it  was  better  at  once  to  re- 
treat a<iain  into  the  wilds. 

t  The  (ie(Mi.'ians,  who  are  so  much  annoyed  by  the  proximity  of  the  Indians, 
inhabit  a  territory  which  does  not  at  present  contain  more  than  seven  iiihabitaut.s 
to  die  scpiare  mile  In  France  tliero  are  one  hundred  and  sixty-two  inhabitants 
to  the  same  extent  of  country. 


II 


'^■:'  i^ 


!32 


pi..;|i 

r- 

.1* 

I 


•l 

••••■ 
I*' 


tiT' 


%! 


kees,  oppressed  by  the  several  States,  have  appealed  to  the  cen- 
tral Government,  which  is  by  no  means  insensible  to  their  mis- 
fortunes, and  is  sincerely  desirous  of  savinc;'  the  remnant  of  the 
natives,  nud  of  maintaining?  them  in  the  free  possession  of  tlmt 
territory,  whicli  the  Union  is  pledged  to  respect.*  But  the  sev- 
eral vStates  oppose  so  formidable  a  resistance  to  the  execution 
oi  this  dcsii^'i,  that  the  Government  is  obliged  to  consent  to  the 
extirpation  of  a  few  barbarous  tribes  in  order  not  to  endanger 
the  safety  oi'  tiie  A'nerican  Union. 

T3ut  the  Federal  Government,  which  is  not  able  to  protect  tlie 
Indians,  would  fain  mitigate  the  hardsiiipsof  their  lot ;  and,  with 
this  intention,  proposals  have  been  made  to  transport  them  into 
more  remote  regions  at  tlie  pid)lic  cost. 

Between  the  33d  and  o7th  degrees  of  north  latitude,  a  vast 
tract  of  country  lies,  which  has  taken  the  iianie  of  Arkansas, 
from  the  principal  river  that  waters  its  extent.  It  is  bounded 
on  the  one  side  by  the  confmes  of  Mexico,  on  the  other  by  the 
Mississip))i.  jNumbcrless  streams  cross  it  in  every  direction  ,* 
the  climate  is  mild,  and  the  soil  ])roductive,  but  it  is  only  inhab- 
ited by  a  few  wandering  hordes  of  savages.  The  Govermnent 
of  tlie  Union  wishes  to  transport  the  broken  renmants  of  the  in- 
digenous jjopulation  of  the  t^outh,  to  the  portion  oi'tliis  eountry 
which  is  nearest  to  Mexico,  and  at  a  great  distance  from  the 
American  settlements. 

We  were  tissured,  towards  the  end  of  the  year  1831,  that 
lOjOl.'l)  Indians  had  ah-eady  i^oue  down  to  the  shores  of  the 
Arkansas;  aufl  ti-i-sli  detachments  were  constantlv  follow iiii; 
them;  hut  '^'ongress  has  been  unable  to  excite  a  luianimous  dc- 
terinination  in  those  whom  it  is  disposed  to  protect.  Some,  in- 
deed, are  willing  to  (jiiit  the  seat  <»('  ojipit  ssion,  hut  the  in(i>t 
enligiitened  memhi  is  ol  the  community  refuse  to  abandon  tlitjr 
recent  (hvcllings  aiul  their  s})riiiging  crops  ;  they  arc  of  opinion 
that  the  uork  of  ci\  ili/.ation,  once  iuterrn|)te(l,  will  never  be  re- 
sumed ;  they  tl'ar  tU;H  those  domestic  habits  vvliich  lia\e  been  so 
recentl\  contrai  led,  may  be  irrecoveral)I\  lo«t  in  the  midst  of  ;i 
country  which  i»  *till  barl/i/rous,  and  where  nothing  1^  prepiind 
for  the  siibsistence  of  an  agricultmal  ])eople  ;  they  know  diat 
their  entrance  in'o  those  wilds  will  be  ojjposed  by  inimical  hordes, 
and  that  they  have  lost  the  energy  of  barbarians,  without  accjnir- 

*  In  I'l- ('iin^^i'p-:.*  ,i|)])(iiiitcii  ('iiiiimis'idiioiN  to  visit  the  Aik;iii-<;is  terrilory, 
^fT()mi):mit'(i  hy  n  rlcpiitatioii  dl'  C'lftks,  ( 'lidctawH,  ami  Cliiclvasiiws.  'i'liis  f\- 
jicditidii  was  ((iiiiiiiaiKlLMl  h}  Mesis'is  Kcniicrly.  IVJ'C'oy,  V\'ai-li  Hood,  and  .lolni 
Bell.  S''t!  the  ditlbrent  Reports  of  the  Coiiuiiis^iioners,  and  tlieir  joiu'ual  iu  tho 
Docianeuts  of  Congress,  IS'o.  Ci7,  House  tf  Kepreseiitatives. 


333 


ing  the  resourcps  of  civilization  to  resist  their  attacks.  More- 
over, the  Indians  readily  discover  that  the  settlement  which  is 
proposed  to  thoni  Is  merely  a  temporary  expedient.  Who  can 
assure  them  that  ihoy  will  at  length  be  allowed  to  dwell  in  peace 
in  their  new  retreat  ?  The  United  States  pledge  themselves  to 
the  observance  of  the  obligation ;  but  the  territory  which  they 
;it  present  occupy  was  formerly  secured  to  them  by  the  most 
solemn  oaths  of  Anglo-American  faith.*  The  American  Gov- 
ernment does  not  indeed  rob  them  of  their  lands,  but  it  allows 
perpetual  incursions  to  be  made  on  them.  In  a  few  years  the 
same  white  population  w  hich  now  flocks  around  them,  will  track 
them  to  the  solitudes  of  the  Arkansas  ;  they  will  then  be  exposed 
to  the  same  evils  without  the  same  remedies  ;  and  as  the  limits  of 
tlie  earth  will  at  last  fail  them,  their  only  refuge  is  the  grave. 

The  Lnion  treats  the  Indians  with  less  cupidity  and  ngor  than 
the  p()li(-y  of  the  several  States,  but  the  two  Ciovcniiiients  are 
alike  destitute  of  good  faith.  The  States  extend  what  they  are 
pleased  to  term  the  benelits  of  their  laws  to  the  Indians,  with 
a  belief  that  the  tribes  will  recede  radier  tluin  submit ;  and  the 
central  ( Jovcrnmciit,  whi<h  promises  a  permanent  refuge  to 
these  unhappy  beings,  is  well  aware  of  its  inability  to  secure  it 
to  them.f 

Thus  the  tyranny  of  the  States  obliges  the  savages  to  retire, 
the  liiiion,  by  lis  j)roinises  and  resources,  facilitates  their  retreat ; 


*  Till!  fil'lli  aitii'le  of  the  iroaty  made  with  the  Creeks  in  August,  1790,  is  in  the 
following  words:  "  The  rnittMi  Statps  soleiniy  j^uaranlee  to  tiie  Creek  nation, 
ail  their  hind  within  tiu!  limits  of  the  I'nitfd  States." 

Tlie  seventh  article  (if  the  treaty  coiichidud  in  17'JI  with  llie  C'iierokees  says  : 
"The  United  Slates  solenuiiy  guarantee  to  the  Cherokee  nation  all  their  lands  not 
lierehv  eeded."  Tlie  following  artiile  deeiared  that  if  any  ritizon  of  the  Tinted 
t^tates  or  other  settler  not  of  the  Indian  raci;,  should  estahlish  liiiuself  u|)(in  the 
territory  of  the  Cherokoes,  the  United  .'tates  would  withdraw  their  proteiii<ui 
from  that  individual,  and  give  liiiu  up  to  be  punished  as  the  Clierokee  nation 
sliiiuld  think  tit. 

t  This  does  not  prevent  llieiu  from  promising  in  the  most  soleniii  manner  to 
ilo  so.  See  the  letter  of  the  I'resident  addres.^ed  to  the  Creek  Indians,  'j:!d  March, 
\>*'i'.).  ('  I'roceedings  of  the  Indian  lioard,  in  the  ( ity  of  NewVork,'  p.  a.) 
"  Ueyond  the  great  river  ISUississippi,  where  a  part  of  your  nati(Ui  lias  gone,  your 
liitheV  has  |irovided  a  country  large  ei.oiigh  tiir  all  of  you,  and  he  advises  you  to 
remove  to  It.  There  your  while  iirothers  will  not  trouhle  you  ;  they  will  have 
no  claim  to  the  land,  and  voii  can  live  ii[ion  it,  you  and  all  your  children,  as  long 
;is  the  grass  grows  or  the  w ater  runs,  in  [leiiee  and  plenty,  Jl  uill  be  yours 
Jur  rrrr." 

The  Secretary  of  War,  in  a  letter  written  to  the  Cherokees,  April  18th,  IH'29, 
(see  the  same  work,  ])age  ti,)  declares  to  them  that  they  cannot  expect  to  retain 
posse-'sion  of  the  lands,  at  that  time  occupied  hy  them,  hut  gives  them  the  nios'. 
positive  as.siirance  of  uninterrupted  oeace  if  they  would  remove  beyond  the  iMis- 
sissippi:  as  if  the  power  which  could  not  grant  llieiu  protection  then,  would  bo 
able  to  ailbrd  it  them  hereafter  ! 


N 


334 


IMI!' 


»%m. 


(T 


J* 

'I 


t 

I 


and  these  measures  tend  to  precisely  the  same  end.*  "  By  the 
will  of  our  Father  in  Heaven,  the  Governor  of  the  whole  world," 
said  the  Chorokees  in  their  petition  to  Congress,!  "  the  red  man 
of  America  has  become  small,  and  the  white  man  great  and  re- 
nowned. When  the  ancestors  of  the  people  of  these  United 
States  first  came  to  the  shores  of  America,  they  found  the  red 
man  strong :  tiiough  he  was  ignorant  and  savage,  yet  he  received 
them  kindly,  and  gave  them  dry  land  to  rest  their  weary  feet. 
They  met  in  peace,  and  shook  hands  in  token  of  friendship. 
Whatever  tke  white  man  wanted  and  asked  of  the  Indian,  the 
lariSer  wLHinirly  gave.  At  that  time  the  Indian  was  the  lord,  and 
the  white  man  the  supp'.ant.  But  now  the  scene  has  changed. 
The  strength  of  the  red  man  has  become  weakness.  As  his 
neighbors  increased  in  numbers,  his  power  became  less  and  less, 
and  now,  of  the  many  and  powerful  tribes  who  once  covered 
these  United  States,  only  a  i^sv  are  to  be  seen  —  a  few  whom  a 
sweeping  pestilence  had  left.  The  northern  tribes,  who  were 
once  so  numerous  and  powerful,  are  now  nearly  extinct.  Thus 
it  has  hajipened  to  the  red  man  of  America.  Shall  we,  who  are 
remnants,  share  the  same  fate  ? 

"  The  laud  on  which  we  stand  we  have  received  as  an  inher- 
itance from  our  fathers,  who  possessed  it  from  time  immemorial, 
as  a  gift  from  our  common  Father  in  Heaven.  They  bequeathed 
it  to  us  as  their  ch-ldien,  and  we  have  sacredly  kept  it,  as  con- 
taining the  remains  ei*  onr  beloved  men.  This  rinlii.  of  inher- 
itance we  have  never  ceded,  nor  ever  forfeited.  Permit  us  to 
ask  what  l)etter  rii>ht  can  the  ))eopIe  have  to  a  country  than  the 
righl  ol'  inheritance  and  innnemorial  peaceable  possession  ?  \Ve 
know  it  is  said  of  late  by  the  State  of  Georgia  and  by  the  Ex- 
ecutive of  the  United  States,  that  we  have  forfeited  this  right ; 
but  we  think  this  is  said  gratnitonsly.  At  what  time  have  wo 
made  the  forfeit  '".  A\  hut  great  crime  have  w(^  conunitted,  where- 
by we  must  forever  be  divested  of  our  country  and  rly-hts  t  Was 
it  wuen  we  were  hostile  to  tiie  United  States,  and  took  part  with 
the  King  of  Great  Britain,  during  the  struggle  for  independ- 
ence?    If  so,  why  was  not  this  forfeiture  declared   in   the  first 

*  To  obtain  a  rorrpct  idea  oftlie  jiolic  y  imisiu'd  liy  tlip  several  States  and  tlie 
Union  with  res|)fit  to  fli(!  Indian-i.  it  i:<  uecL'ssiiry  to  consult,  1st,  '  Tlif  laws  ot' 
the  Colonial  and  J"tate  Cioveinuit'iits  relatini;  to  the  [ndian  iidial)itants,'  fSeo  tiio 
Legislatisi;  IJonuncnts,  -Jlst  Congress,  No.  I'l!).)  "id,  '  'I'lie  Lavvsortlic  Union  on 
the  siuni'  suliieet,  and  especially  that  of  March  !{()th,  1~()J,'  (Sec  Htory's  Laws  of 
the  I'lntfd  .States. j  'M, '  The  Report  of  Mr.  Cass,  tietrctary  of  War,  relative  to 
Indian  allairs,  November  ::iUth,  l&;i3. 

t  December  Idth,  It'l^d. 


335 


"  By  the 
e  world," 
2  red  man 
It  and  re- 
se  United 
id  the  red 
le  received 
veary  feet, 
friendship, 
ndian,  the 
i  lord,  and 

changed. 
;.  As  his 
s  and  less, 
ce  covered 
iw  whom  a 

who  were 
ict.  Thus 
/e,  who  are 

as  an  inher- 
inmcmorial, 
bequeathed 
it,  as  con- 
iil  of  inher- 
eruiit  us  to 
trv  tiian  the 
ion  ?     AN  e 
by  tiie  Kx- 
this  riiilit ; 
le  have  wo 
tti'd,  where- 
hts?      Wiis 
i)k  part  with 
independ- 
ni   the  fu'st 


States  and  tliR 
t,  '  Tlic  laws  (it" 
iMiits,'  (Set!  the 
ihc  Inioii  (III 
Storv's  l,;isvs  of 
kVar',  relative  to 


treaty  of  peace  between  the  United  States  and  our  beloved  men  .'* 
Why  was  not  such  an  article  as  the  followinp^  inserted  in  the 
treaty :  '  The  United  States  give  peace  to  the  Cherokees,  but 
for  the  peirt  they  took  in  the  last  war,  declare  them  to  be  but 
tenants  at  will,  to  be  removed  when  the  convenience  of  the 
States,  within  whose  chartered  Hmits  they  live,  shall  require  it.^' 
That  was  the  proper  time  to  assume  such  a  possession.  But  it 
was  not  thought  of,  nor  would  our  forefathers  liave  agreed  to 
an}'  treaty,  whose  tendency  was  to  deprive  them  of  their  rights 
and  their  country." 

Such  is  the  language  of  the  Indians :  their  assertions  are  true,* 
their  forebodings  inevitable.  From  whichever  side  we  consider 
the  destinies  of  the  aborigines  of  North  America,  their  calamities 
appear  to  be  irremediable  :  if  they  continue  barbarous,  they  are 
forced  to  retire ;  if  they  attempt  to  civilize  their  manners,  the 
contact  of  a  more  civilized  community  subjects  them  to  oppres- 
sion and  destitution.  'J'hey  perish  if  they  contimic  to  wiindcr 
from  wast(^  to  waste,  and  if  they  tittempt  to  settle,  they  still  must 
perish  ;  the  assistance  of  Europeans  is  necessary  to  instruct  them, 
htit  the  approach  of  Europeans  corrupts  and  repels  them  into 
savage  life  ;  they  refuse  to  change  their  habits  as  long  as  their 
solitudes  are  their  own,  and  it  is  too  late  to  change  them  when 
tiiey  are  constrained  to  submit. 

The  Spaniards  piu'sued  the  Indians  with  blood-iioimds,  like 
wild  beasts  ;  they  sacked  the  New  W  orUl  with  no  more  temper 
or  compassion  than  .i  city  taken  by  storm  :  but  destruction  must 
cease,  ;uid  frenzy  be  stayed  ;  the  remnant  of  the  Indian  popu- 
lation, which  had  escaj)ed  the  massacre,  mixed  with  its  conquer- 
ors, and  a(l()|)te(l  in  the  end  their  religion  and  their  manners.* 
Tlie  t'onduct  of  the  Americans  of  the  (niied  States  towards  the 
aborigines  is  charcterized,  on  the  other  hand,  by  a  singular  at- 
tachment to  the  formalities  of  law.  Provided  that  the  Indians 
retain  their  barbarous  condition,  the  Americans  take  no  part  in 
their  affiiirs ;  they  treat  them  as  independent  ntitions,  and  do  not 
possess  themselves  of  their  himtinu-grounds  without  a  treaty  of 
])tirchase  :  and  if  an  linlian  ,iatioii  happens  to  be  so  encroached 
upon  as  to  be  unabk'  to  subsist  upon  its  territory,  they  adbrd  it 
brotherly  assistance  in  transporting  it  to  a  grave  sutKciently  re- 
mote from  the  land  of  its  fathers. 

*  The  honor  of  this  rcsiilt  is,  however,  by  no  means  duo  to  the  Spaniards.  If 
tlie  Indian  trilu!s  had  not  been  tillers  of  the  ground  at  the  time  of  the  arrival  of  the 
Europeans,  they  would  umiuestionably  have  been  destroyed  in  South  as  well  as 
lu^iorth  America. 


Ill 


S36 


The  Spaniards  were  unable  to  exterminate  the  Indian  race  by 
those  unparalleled  atrocities  which  brand  them  with  indelible 
shame,  nor  did  they  even  succeed  in  wholly  depriving  it  of  its 
ria:hts;  but  the  Americans  of  the  United  States  have  accomplished 
this  twofold  purpose  with  singular  felicity  ;  tranquilly,  legally, 
philanthropically,  without  shedding  blood,  and  without  violating 
a  single  great  principle  of  morality  in  the  eyes  of  the  world.*  It 
is  impossible  to  destroy  men  with  more  respect  for  the  laws  of 
Immanity. 


^■!. : 


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SITUATION  OF  THE  BLACK  POPL'LATIOX  IN  THE  UNITED  STATES, 
AND  DANGERS  WITH  WHICH  ITS  PllESENCE  THREATENS  THE 
WHITES. 

Why  it  is  more  difficult  to  abolish  slavery,  and  to  eflncc  all  vestipos  of  it  aiiiongst 
the  moderns,  tiiiui  it  was  ainoiigst  the  ancients. — In  liie  Uiiitod  States  the  pre- 
judices o("  tlic  Whites  ajrainst  the  ISiacks  seem  to  increase  in  ]»ro|»ortion  a.s 
shuery  is  aholished. — Situation  of  the  IS'esrroes  in  tiie  iiortliern  and  soutiieni 
states. — Why  tin;  Aineri("ins  aholisii  slavery. — Servitude,  which  dei)ases  \\w 
slave,  impoverishes  the  master. — Contrast  between  the  left  and  the  right  hankdt" 
the  Ohio. — To  what  atlrihutahle. — The  hiack  race  as  well  as  slavery,  rc'ccdus 
towards  the  South. — K.\planatu)n  of  this  fact. — IJiiliculties  attendant  upon  the 
ahoiition  of  slavery  in  tlie  South. — Danirers  to  come. — (ieneral  anxiety  — 
Foundation  of  a  hIack  colony  in  Africa. — Why  the  Americans  ol"  the  Soulli 
increa.se  tlie  hardships  of  slavery,  whilst  they  are  distressed  at  its  continuance. 

The  Indians  will  pt>risli  in  the  same  isolated  condition  in  wliicli 
they  have  hved  ;  but  the  destiny  of  the  Negroes  is  in  some  meas- 
ure interwoven  with  that  of  the  Europeans.  These  two  races 
are  attached  to  each  other  without  iuv.  rniingrmg  ;  and  they  iiic 
alike  unable  entirely  to  separate  or  to  comhine.     The  most  lor- 

*  See,  amongst  other  documents,  the  Report  made  by  'S\r.  Bell  in  the  name  of 
the  Committee  on  Indian  Alfairs.  Feb.  VJ4th,  l^iiO,  in  which  is  most  logically  'jstiib- 
lished  and  most  learnedly  proved,  that  "the  fundamental  principle,  that  ll  e  In- 
dians had  no  right  by  virtue  of  their  ancient  j)osses.sioti  either  of  will  or  suvceigii- 
ty,  h.n  never  Ikmmi  abandoned  either  expressly  or  by  imj)licaiion." 

In  periisitig  this  Hcport,  which  is  evidently  drawn  up  by  an  expcrieiiccil  hiiid, 
one  is  astonished  at  the  fieility  with  which  the  author  gei-i  nd  of  all  argump|il< 
founded  upon  reason  and  natural  right,  which  he  dcsiguaus  as  abstract  auti  H  to- 
reiical  principles.  The  nmre  I  coulemplate  the  dillerence  between  i  ivilizcdaiid 
uncivilized  man  with  regard  to  the  principles  of  jtinlice,  (he  more  I  ohneive  that 
the  former  contests  the  juatiee  of  tltusu  rights,  which  the  latter  simply  viulatcs. 


837 


midable  of  ull  the  ills  which  threaten  the  future  existence  of  the 
Union,  arises  from  the  presence  of  a  black  population  upon  its 
territory ;  and  in  contemplating  the  causes  of  the  present  em- 
barrassments or  of  the  future  dangers  of  the  United  States,  the 
observer  is  invariably  led  to  consider  this  as  a  ])rimary  fact. 

The  permanent  evils  to  which  mankind  "^  subjected  are  usu- 
ally produced  by  the  vehement  or  the  increasing  efforts  of  men  ; 
but  there  is  one  calamity  which  penetrated  furtively  into  the 
world,  and  which  was  at  first  scarcely  distinguishable  amidst  the 
ordinary  abuses  of  power :  it  originated  with  an  individual  whose 
name  history  has  not  pr.  served  ;  it  was  wafted  like  some  accursed 
germ  upon  a  portion  of  the  soil,  but  it  afterwards  nurtured  itself, 
grew  without  effort,  and  spreads  naturally  with  the  society  to 
which  it  belongs.  I  need  scarcely  add  that  this  calamity  is  sla- 
very. Christianity  suppressed  slavery,  but  the  Christians  of  the 
sixteenth  century  re-established  it,  —  as  an  exception,  indeed,  to 
tlicir  social  system,  and  restricted  to  one  of  the  races  of  man- 
kind ;  but  the  wound  thus  inflicted  upon  humanity,  though  less 
extensive,  was  at  the  same  time  rendered  fur  more  diflicult  of 
cure. 

It  is  important  to  make  an  accurate  distinction  between  slavery 
itself,  and  its  consequences.  The  immediate  evils  which  are 
produced  by  slavery  were  very  nearly  the  same  in  antitiuity  as 
dicy  are  amongst  tlu^  moderns ;  but  the  consequences  of  these 
evils  were  diflerent.  The  slave,  amongst  the  ancients,  btlonged 
to  the  same  race  as  his  mister,  and  he  was  (^ften  the  superior  of 
the  two  in  education*  and  instruction.  Fnvdoni  was  the  only 
distinction  between  them ;  anil  when  freedom  was  conferred, 
they  were  easily  confouiuled  togetlur.  The  atu-ie-us,  tlun,  had 
a  very  simple  means  of  avoiding  ^laverv  an('  its  evil  consequen- 
ces, which  was  that  of  afrranchiseuiout ;  ai-d  they  suivtHnU'd  as 
soon  PS  they  adopted  thi  n.easure  generally.  Not  bui,  in  an- 
cient States,  the  vestici  ^  ol  servitude  suhsNtetl,  lor  some  time 
after  servitude  itself  was  ai4)lished.  Tbvve  is  ii  natural  preju- 
dice which  prompts  men  to  c^^^spise  whomsoever  has  been  tlieir 
inferior  long  after  he  i>  become  their  equal ;  autl  the  real  ineqiial- 
ity  which  is  produced  by  fmltuie  or  hv  law,  is  always  succeeded 
hv  an  imaghuir  'ne(|uality  which  is  imi)lanted  in  the  manners 
of  the   people.      N(!vertheiess,  this  secondary   consequence  of 

*  It  is  wp"  known  th-.t  several  of  tlie  most  distiiisuislied  autliors  of  antiquity, 
and  amoi!"  tthnni  /Eso|)  and  Torenco,  were  or  hail  been  slaves.  Slaves  were 
not  alwavsiaken  from  barbarous  nations,  and  the  chances  of  war  reduced  highly 
civilized  iiien  to  servitude. 

43 


338 


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slavery  was  limited  to  a  certain  term  amongst  the  ancients ;  for 
the  freed  man  bore  so  entire  a  resemblance  to  those  born  free, 
that  it  soon  became  impossible  to  distinguish  him  from  amongst 
them. 

The  greatest  difficulty  in  antiquity  was  that  of  altering  the 
law;  amongst  the  moderns  it  is  that  of  altering  the  manners; 
and,  as  far  as  we  are  concerned,  the  real  obstacles  begin  whero 
those  of  the  ancients  left  off.  This  arises  from  the  circumstance 
that,  amongst  the  moderns,  the  abstract  and  transient  fact  of 
slavery  is  fatally  united  to  the  physical  and  permanent  fact  of 
color.  The  tradition  of  slavery  dishonors  the  race,  and  the 
peculiarity  of  the  race  perpetuates  the  tradition  of  slavery.  No 
African  has  ever  voluntarily  emigrated  to  the  shores  of  the  New 
World ;  whence  it  must  be  inferred,  that  all  the  blacks  who  are 
now  to  be  found  in  that  hemisphere  are  either  slaves  or  freed- 
men.  Thus  the  negro  transmits  the  eternal  mark  of  his  igno- 
miny to  all  his  descendants ;  and  although  the  law  may  abolish 
slavery,  God  alone  can  obliterate  the  traces  of  its  existence. 

The  modern  slave  diflers  from  his  master  not  only  in  his  con- 
dition, but  in  his  origin.  You  may  set  the  negro  free,  but  you 
cannot  make  him  otherwise  than  an  alien  to  the  European.  Nor 
is  this  all ;  we  scarcely  acknowledge  the  common  features  of 
mankind  in  this  child  of  debasement  whom  slavery  has  brought 
amongst  us.  His  physiognomy  is  to  our  eyes  hideous,  his  un- 
derstanding weak,  his  tastes  low ;  and  we  are  almost  inclined  to 
look  upon  him  as  a  being  intermediate  between  man  and  the 
brutes.*  The  moderns,  then,  after  they  have  abolished  slavery, 
have  three  prejudices  to  contend  against,  which  are  less  easy  to 
attack,  and  far  less  easy  to  conquer,  than  the  mere  fact  of  servi- 
tude :  the  prejudice  of  the  master,  the  prejudice  of  the  race,  and 
the  prejudice  of  cololl^ 

It  is  difficult  for  us,  who  have  had  the  good  fortune  to  be 
born  amongst  men  like  ourselves  by  nature,  and  equal  to  our- 
selves by  law,  to  conceive  the  irreconcileable  di/Iercnces  which 
separate  the  negro  from  the  European  in  America.  But  wc 
may  derive  some  faint  notion  of  them  from  analogy.  Frarue 
was  formerly  a  country  in  whicli  numerous  distinctions  of  rank 
existed,  that  had  been  created  by  the  legislation.  Nothing  can 
be  more  fictitious  than  a  purely  legal  inferiority ;  nothing  more 
contrary  to  the  instinct  of  mankind  than  these  permanent  divi- 


*  To  induce  the  whites  to  ahnndon  the  opinion  they  have  conceived  of  tiic 
moral  and  intellertunl  inferiority  of  their  frnier  slaves,  tlie  negroei  luuut  change; 
but  as  long  as  tliis  opinion  subsists,  to  change  is  impossible. 


S39 


ri 


manners ; 


sions  wliich  had  been  established  between  beings  evidently  simi- 
lar. Nevertlieless  these  divisions  subsisted  for  ages ;  they  still 
subsist  in  many  places;  and  on  all  sides  they  have  left  imaginary 
vestiges,  which  time  alone  can  efface.  If  it  be  so  difficult  to 
root  out  an  inequality  which  solely  originates  in  the  law,  how 
are  those  distinctions  to  be  destroyed  which  seem  to  be  based 
upon  the  immutable  laws  of  Nature  herself?  When  I  remem- 
ber the  extreme  difficulty  with  which  aristocratic  bodies,  of  what- 
ever nature  they  may  be,  are  commingled  with  the  mass  of  the 
people ;  and  the  exceeding  care  which  they  take  to  preserve  the 
ideal  boundaries  of  their  caste  inviolate,  I  despair  of  seeing  an 
aristocracy  disappear  which  is  founded  upon  visible  and  indeli- 
ble signs.  Those  who  hope  that  the  Europeans  will  ever  mix 
with  the  negroes,  appear  to  me  to  delude  themselves ;  and  I  am 
not  led  to  any  such  conclusion  by  my  own  reason,  or  by  the 
evidence  of  facts. 

Hitherto,  wherever  the  whites  have  been  the  most  powerful, 
they  have  maintained  the  blacks  in  a  subordinate  or  a  servile 
position  ;  wherever  the  negroes  have  been  strongest,  they  have 
destroyed  the  whites ;  such  has  been  the  only  retribution  which 
has  ever  taken  place  between  the  two  races. 

I  see  that  in  a  certain  portion  of  the  territory  of  the  United 
States  at  the  present  day,  the  legal  barrier  which  separated  the 
two  races  is  tending  to  fall  away,  but  not  that  which  exists  in  the 
manners  of  the  country  ;  slavery  recedes,  but  the  prejudice  to 
which  it  has  given  birth  remains  stationary.  Whosoever  has 
inhabited  the  I'nited  States  nuist  have  perceived,  that  in  those 
parts  of  the  Union  in  which  the  negroes  are  no  longer  slaves, 
they  have  in  nowise  drawn  nearer  to  tiie  whites.  On  the  con- 
trary, the  prejudiie  of  the  race  appears  to  be  stronger  in  the 
States  which  have  abolished  slavery,  than  in  those  where  it  still 
exists ;  and  nowhere  is  it  so  intolerant  as  in  those  States  where 
servitude  has  never  been  known. 

It  is  true,  that  in  the  North  of  the  Union,  marriages  may  be 
legally  contracted  between  negroes  and  whites,  but  public  opinion 
would  stigmatize  a  man  who  should  connect  himself  with  a  ne- 
gress  as  infamous,  and  it  would  be  dillicult  to  meet  with  a  single 
instance  of  such  a  union.  The  electoral  franchise  has  been  con- 
ferred upon  the  negroes  in  almost  all  the  States  in  which  slavery 
has  been  aholished ;  but  if  they  come  forward  to  vote,  their  lives 
are  in  dang(  r.  If  oppressed,  they  may  bring  an  action  at  law, 
but  they  will  find  none  hut  whites  amongst  their  judges;  and 
although  they  may  legally  serve  as  jurors,  prejudice  repulses 


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them  from  that  office.  The  same  schools  do  not  receive  the 
child  of  the  black  and  of  the  European.  In  the  theatres,  gold 
cannot  procure  a  seat  for  the  servile  race  beside  their  former 
masters ;  in  the  hospitals  they  lie  apart ;  and  although  they  are 
allowed  to  invoke  the  same  Divinity  as  the  whites,  it  must  be  at 
a  different  altar,  and  in  their  own  churches  with  their  own 
clergy.  The  gates  of  Heaven  are  not  closed  against  these  un- 
happy beings ;  but  their  inferiority  is  continued  to  the  very  con- 
fines of  the  other  world ;  when  the  negro  is  defunct,  his  bones 
are  cast  aside,  and  the  distinction  of  condition  prevails  even  in 
the  equality  of  death.  The  negro  is  free,  but  he  can  share 
neither  the  rights,  nor  the  pleasures,  nor  the  labor,  nor  the  atllic- 
tions,  nor  the  tomb  of  him  whose  equal  he  has  been  declared  to 
be ;  and  he  cannot  meet  him  upon  fair  terms  in  life  or  in  death. 

In  the  i^outh,  where  slavery  still  exists,  the  negroes  are  less 
carefully  kept  apart ;  they  sometimes  share  the  labor  and  the  re- 
creations of  the  whites ;  the  whites  consent  to  intermix  with  them 
to  a  certain  extent,  and  although  the  legislation  treats  them  more 
harshly,  the  habits  of  the  people  are  more  tolerant  and  compas- 
sionate. In  the  South  the  master  is  not  afraid  to  raise  his  slave 
to  his  own  standing,  because  he  knows  that  he  can  in  a  moment 
reduce  him  to  the  dust,  at  pleasure.  In  the  North  the  white  no 
longer  distinctly  perceives  the  barrier  which  &e|)!;rates  him  from 
the  degraded  race,  and  he  shuns  the  negro  with  the  more  perti- 
nacity, since  he  fears  lest  tliey  should  some  day  be  confounded 
together. 

Amongst  the  Americans  of  the  South,  Nature  sometimes  re-as- 
serts her  rights,  and  restores  a  transient  equality  between  the 
blacks  and  the  whites  ;  but  in  the  North,  pride  restrains  the  most 
imperious  of  human  passions.  The  American  of  the  Northern 
States  would  perhaps  allow  the  negress  to  share  his  licentious 
pleasures,  if  the  laws  of  his  country  did  not  declare  that  she  may 
aspire  to  be  the  legitimate  partner  of  his  bed  ;  but  he  recoils  with 
horror  from  her  who  might  liecome  his  wife. 

Thus  it  is,  in  the  United  States,  that  the  prejudice  which  re- 
pels the  negroes  seems  to  increase  in  proportion  as  they  are  eman- 
cipated, and  inequality  is  sanctioned  by  the  nianners  whilst  it  is 
effaced  from  the  laws  of  the  country.  But  if  die  relative  posi- 
tion of  the  two  races  which  inhabit  the  United  States  is  such  as 
I  have  described,  it  may  be  asked  why  the  Americans  have 
abolished  slavery  in  the  North  of  the  Union,  why  they  maintain 
it  in  the  South,  and  why  they  aggravate  its  hardships  there  ? 
The  answer  is  easily  given.     It  is  not  for  the  good  of  the  negroes, 


ft-!       I 


S41 


but  for  that  of  the  whites,  that  measures  are  taken  to  abolish 
slavery  in  the  United  States. 

The  first  negroes  were  imported  into  Virginia  about  the  year 
1G21.*  In  America,  therefore,  as  well  as  in  the  rest  of  the 
globe,  slavery  originated  in  the  South.  Thence  it  spread  from 
one  settlement  to  another  ;  but  the  number  of  slaves  diminished 
towards  the  Northern  States,  and  the  negro  population  was  al- 
ways very  limited  in  New  England. f 

A  century  had  scarcely  elapsed  since  the  foundation  of  the 
colonies,  when  the  attention  of  the  planters  was  struck  by  the 
extraordinary  fact,  that  the  provinces  which  were  comparatively 
destitute  of  slaves,  increased  in  population,  in  wealth,  and  in 
prosperity  more  rapidly  than  those  which  contained  the  great- 
est number  of  negroes.  In  the  former,  however,  the  inhabi- 
tants were  obliged  to  cultivate  the  soil  themselves,  or  by  hired 
labm-ers  ;  in  the  latter  they  were  furnished  with  hands  for  w  hich 
they  paid  no  wages  ;  yet  although  lahoiyVwid  expense  were  on 
the  one  side,  and  case  with  ooconomy  on  the  other,  the  former 
were  in  possession  of  the  most  advantngeous  system.  This 
consequence  seemed  to  be  the  more  diflicidt  to  explain,  since 
the  settlers,  who  all  belonged  to  the  same  Kuropean  race,  had 
the  same  habits,  the  same  civilixntion,  the  same  laws,  and  their 
shades  of  diU'erence  were  extremely  slight. 

Time,  however,  continued  to  advance  ;  and  the  Anglo-Ame- 
ricans, spreading  beyond  the  coasts  of  the  Atlantic  Ocean, 
penetrated  further  and  further  into  the  solitudes  of  the  West ; 
they  met  with  a  new  soil  and  an  unwonted  climate  ;  the  obsta- 
cles which  opposed  them  were  of  the  most  various  character ; 
their  races  intermingled,  the  inhabitants  of  tiie  South  went  up 
towards  the  North,  those  of  the  North  descended  to  the  South : 
but  in  the  midst  of  all  these  causes,  the  same  result  recurred  at 
every  step  ;  and  in  general,  the  colonies  in  which  there  were  no 

*  See  Beverley's  History  of  Virj^iniii.  See  also  in  Jefferson's  Memoirs  some 
curious  diJtaiU  roncerniiif;  tlio  iiUroiliictioii  ofiiefiroes  into  Virginia,  and  the  first 
act  wliicli  i)roliil)it('(l  the  importation  oC  iliem  in  177H. 

t  The  imniher  ofslaves  was  less  considenible  in  the  North,  but  the  advantages 
rciiitin^  from  slavery  were  not  more  contested  there  than  in  the  youth.  Ir> 
1740,  the  legislature  of  the  Slate  of  New  York  declared  tlial  the  direct  importa- 
tion ofslaves  oniihtto  he  encouraged  as  much  as  possible,  ami  smuggling  severely 
punished  in  order  not  to  discourage  the  fur  trader.  (Kent's  Commentaries,  vol. 
ii.  p.  2(M).)  Curious  researches,  by  ndknap,  upon  slavery  in  New  F.iigland  are 
to  be  found  in  the  Historical  Collection  of  iMassachiisetts.  vol.  iv.  p  li:X  It  ap- 
pears that  negroes  were  introduced  there  in  l'j:}l),  but  that  the  legislation  and 
manners  of  tiie  people  were  opposed  to  slavery  from  tlie  tirst;  see  also,  m  the 
same  work,  the  manner  in  which  public  opiiiioil,  and  iiftervvards  the  laws,  finally 
put  an  end  to  slavery. 


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slaves  became  more  populous  and  more  rich  than  those  In  which 
slavery  flourished.  The  more  progress  was  made,  the  more 
was  it  shown,  that  slavery,  which  is  so  cruel  to  the  slave,  is  pre- 
judicial to  the  master. 

But  this  truth  was  most  satisfactorily  demonstrated  when  civi- 
lization reached  the  banks  of  the  Ohio.  The  stream  which 
the  Indians  had  distinguished  by  the  name  of  (3liio,  or  Beauti- 
ful River,  waters  one  of  the  most  magnificent  valleys  which 
lias  ever  been  made  the  abode  of  man.  Undulating  lands  ex- 
tend upon  both  shores  of  the  Ohio,  whose  soil  affords  inex. 
liaustible  treasures  to  the  labwer  ;  on  either  bank  the  air  is 
wholesome  and  the  climate  mild  ;  and  each  of  them  forms  the 
extreme  frontier  of  a  vast  Stale  :  that  which  follows  the  numer- 
ous windings  of  the  Ohio  upon  the  left  is  called  Kentucky; 
that  upon  the  right  bears  the  name  of  the  river.  These  two 
States  only  differ  in  a  single  respect ;  Kentucky  has  admitted 
slavery,  but  the  State  of  Ohio  has  prohibited  the  existence  of 
slaves  within  its  borders.* 

Thus  the  traveller  who  floats  down  the  current  of  the  Ohio, 
to  the  spot  where  that  river  falls  into  the  Mississippi,  may  be 
said  to  sail  between  liberty  and  servitude;  and  a  transiei.t  in- 
spection of  the  surrounding  objects  will  convince  him  as  to 
which  of  the  two  is  most  favorable  to  mankind. 

Upon  the  left  bank  of  the  stream  the  pcupulation  is  rare; 
from  time  to  lime  one  descries  a  troop  of  slaves  loitering  in  the 
half-desert  fields;  the  prima'val  forest  recurs  at  every  turn; 
society  seems  to  be  asleep,  man  to  be  idle,  and  nature  alone 
offers  a  scene  of  activity  and  of  life. 

From  the  right  bank,  on  the  contrary,  a  confused  hum  is 
heard  which  proclaims  the  presence  of  industry  ;  the  fields  are 
covered  with  abundant  harvests  ;  the  elegance  of  the  dwellings 
announces  the  taste  and  activity  of  the  laborer  ;  and  man  ap- 
pears to  be  in  the  enjoyment  of  that  wealth  and  contentment 
which  is  the  reward  of  labot/1(\^ 

The  State  of  Kentucky  was  founded  in  1775,  the  State  of 
Ohio  only  twelve  years  later  ;  but  twelve  years  are  more  in 

*  Not  only  is  slavery  pmliibiled  in  Ohio,  but  no  free  negroes  are  allowed  to 
enter  llie  territory  of  tiiiit  rotate,  or  to  liold  jjroperty  iu  it.  Seethe  Statutes  of 
Ohio. 

t  The  activity  of  Ohio  is  not  confined  lo  individuals,  hut  the  nndertakinps  of 
the  State  are  smprisiii^'iy  K'eat:  a  canal  has  been  establi.shed  between  Lake  Erie 
and  the  Ohio,  by  means  of 'which  the  valley  of  the  Mississippi  coinnmnirates  wiili 
the  nver  oltlic  North,  and  the  Knropeari  connnodities  which  arrive  at  .\ew  ^'ork 
may  be  forvvurded  by  wuter  to  A'ew  Orleuua  ucross  five  hiuidred  leagues  of 
couiiucDt. 


S43 


on   IS  rare; 


America  than  half  a  century  in  Europe,  and,  at  the  present  day, 
the  population  of  Ohio  exceeds  that  of  Kentucky  hy  2.jO,060 
souls.*  These  opposite  consequences  of  slavery  and  freedom 
may  readily  be  understood  ;  and  they  suffice  to  explain  many 
of  the  differences  which  we  remark  between  the  civilization  of 
antiquity,  and  that  of  our  own  time. 

Upon  the  left  bank  of  the  Ohio  lahotriVconfounded  with  the 
idea  of  slavery,  upon  the  right  bank  it  is  identified  with  that  of 
prosperity  and  improvement ;  on  the  one  side  it  is  degraded, 
on  the  other  it  is  honwed ;  on  the  former  territory  no  white 
laborers  can  be  found,  for  they  would  be  afraid  of  assimilating 
themselves  to  the  negroes;  on  the  latter  no  one  is  idle,  for  the 
white  population  extends  its  activity  and  its  intelligence  to  every 
kind  of  employment.  Thus  the  men  whose  task  it  is  to  culti- 
vate the  rich  soil  of  Kentucky  are  ignorant  and  lukewarm  ; 
whilst  those  who  are  active  and  enlightened  either  do  nothing, 
or  pass  over  into  the  State  of  Ohio,  were  they  may  work  without 
dishonotf(^ 

It  is  true  that  in  Kentucky  the  planters  are  not  obliged  to  pay 
wages  to  the  slaves  whom  they  employ  ;  but  they  derive  small 
profits  from  their  labor,  whilst  the  w  ages  paid  to  free  workmen 
would  be  returned  with  interest  in  the  value  of  their  services. 
The  free  workman  is  paid,  but  he  does  his  work  quicker  than 
the  slave  ;  and  rapidity  of  execution  is  one  of  the  great  elements 
of  oeconomy.     The  white  sells  his  services,  but  they  are  only 
purchased  at  the  ti    '•s  at  which  they  may  be  useful ;  the  black 
can  claim  no  rcmuuf  ration  for  his  toil,  but  the  expense  of  hi? 
maintenance  is  perpetual ;  he  must  be  supported  in  his  old  age 
as  well  as  in  the  prime  of  manhood,   in  his  prolitless  infancy  as 
well  as  in  the  productive  years  of  youth.     I'aymentmust  equal- 
ly be  made  in  order  to  obtain  the  servi   '"^of  eitli«  r  rlass  of  men; 
the  free  workman  ret  <  ives  his  wages  in  ii..»ney  ;  the  slave  in  ed- 
ucation, in  food,  in  care  and  in  clothing.     The  money  which  a 
master  spends  in  the  maintenance  of  his  slaves,  goes  erradually 
and   in  detail,  so  that  it  is  scarcely  perceived  ;  the  salary  of  the 
free  workman  is  paid  in  a  roinid  sum,  wiiich   appears  only  to 
enrich  the  individual  who  receives  it ;  out  in  tiie  end  the  sla\e 
has  cost  more  than  the  free  servant,  and  his  labor  is  less  pro- 
ductive.t 

*  The  exact  numbers  given  by  the  census  of  1830  were:  Kentucky,  038,844; 
Ohio,  937,679. 

t  Independently  of  these  cau'.es,  which  wherever  free  workmen  iibound  ren- 
der their  labor  more  productive  and  ihoil' a'conomical  than  that  of  shives, another 
cause  may  be  pointed  om  which  isjieculiur  to  tlie  Uuited  St(ii««:  tlie  sugar-cane 


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The  influence  of  slavery  extends  still  further  ;  it  aflects  the 
character  of  the  master,  and  imparts  a  peculiar  tendency  to  his 
ideas  and  his  tastes.  Upon  both  banks  of  the  Ohio,  the  charac- 
ter of  the  inhabitants  is  enterprising  and  energetic ;  but  this 
vigor  is  very  diflerently  exercised  in  the  two  States.  The  white 
inhabitant  of  Ohio,  who  is  obliged  to  subsist  by  his  own  exer- 
tions, regards  temporal  prosperity  as  the  principal  aim  of  his 
existence  ;  and  as  the  country  which  he  occupies  presents  inex- 
haustible resources  to  his  industry,  and  ever-varying  lures  to  his 
activity,  his  acquisitive  ardor  surpasses  the  ordinary  limits  of 
human  cupidity  :  he  is  tormented  by  the  desire  of  wealth,  and 
he  boldly  enters  upon  every  path  which  fortune  opens  to  him  ; 
he  becomes  a  sailor,  pioneer,  an  artisan,  or  a  laborer  with  the 
same  indifference,  and  he  supports,  with  equal  constancy,  the 
fatigues  and  the  dangers  incidental  to  these  various  professions ; 
the  resources  of  his  intelligence  are  astonishing,  and  his  avidity 
in  the  pursuit  of  gain  amounts  to  a  species  of  heroism. 

But  the  Kentuckian  scorns  not  only  labor,  but  all  the  under- 
takings which  labor  promotes  ;  as  he  lives  in  an  idle  independ- 
ence, his  tastes  are  those  of  an  idle  man  ;  money  loses  a  portion 
of  its  value  in  his  eyes  ;  he  covets  wealth  much  less  than  pleas- 
ure and  excitement ;  and  the  energy  which  his  neighbor  de- 
votes to  gain,  turns  with  him  to  a  passionate  love  of  field  sports 
and  military  exercises  ;  he  delights  in  violent  bodily  exertion,  he 
is  familiar  witli  the  use  of  arms,  and  is  accustomed  from  a  very 
early  ge  to  expose  his  hfe  in  single  combat.  Thus  slavery  not 
only  prevents  the  whites  from  becoming  opulent,  but  even  from 
desiring  to  become  so. 

As  the  same  causes  have  been  continually  producing  opposite 
effects  for  the  last  two  centuries  in  the  British  colonies  of  North 
America,  they  have  established  a  very  striking  difference  be- 
tween the  commercial  capacity  of  the  inhabitants  of  the  South 
and  those  of  the  North.  At  the  present  day,  it  is  only  the 
Northern  States  which  are  in  possession  of  shipping,  manufac- 
tures, rail-roads,  and  canals.     This  difference  is  perceptible  not 

hfis  hitherto  bnen  cultivated  with  siicness  only  npon  the  baiil<s  of  the  IMi.^'issippi, 
iienr  the  nioiith  of  that  river  in  tlie  Gulf  of  Alexico.  In  l.onisiana  thecnliiv.ition 
of  the  sugar  cane  is  e.\cee:!ingly  hicrative  ;  and  nowhere  does  a  laborer  earn  so 
much  by  his  work :  and,  as  there  is  always  a  certain  relation  between  the  cost  of 
production  and  the  value  of  the  produce,  the  price  of  slaves  is  very  high  in  Louis- 
iana. P'lt  Louisiana  is  one  of  the  confederate  States,  and  slaves  may  be  carried 
thither  from  all  parts  of  the  Union ;  the  price  given  for  slaves  in  New  Orleans 
consequently  raises  the  value  of  slaves  in  all  the  other  markets.  The  consequence 
of  this  is  that  in  the  countries  where  the  land  is  less  productive,  the  cost  of  slave 
labor  is  still  very  conr^iderablc,  which  gives  un  additional  advoiitage  to  the  compe- 
tition of  free  labor. 


i 


345 


f! 


only  in  comparing  the  North  with  the  South,  but  in  comparing 
the  several  Southern  States.  Almost  all  the  individuals  who 
carry  on  commercial  operations,  or  who  endeavor  to  turn  slave- 
labor  to  account  in  the  most  Southern  districts  of  the  Union, 
have  emigrated  from  the  North.  The  natives  of  the  Northern 
States  are  constantly  spreading  over  that  portion  of  the  Ameri- 
can territory,  where  they  have  less  to  tear  from  competition ; 
they  discover  resources  there,  which  escaped  the  notice  of  the 
inhabitants  ;  and,  as  they  comply  with  a  system  which  they  do 
not  approve,  they  succeed  in  turning  it  to  better  advantage  than 
those  who  first  founded,  and  who  still  maintain  it. 

Were  I  inclined  to  continue  this  parallel,  I  could  easily  prove 
that  almost  all  the  diflerenccs,  which  may  be  remarked  between 
the  characters  of  the  Americans  in  the  Southern  and  in  the 
Northern  States,  have  originated  in  slavery  ;  but  this  would 
divert  me  from  my  subject,  and  my  present  intention  is  not  to 
point  out  all  the  consequences  of  servitude,  but  those  effects 
which  it  has  produced  upon  the  prosperity  of  the  countries  which 
have  admitted  it. 

The  influence  of  slavery  upon  the  production  of  wealth  must 
have  been  very  imperfectly  known  in  antiquity,  as  slavery  then 
obtained  throughout  the  civilized  world,  and  the  nations  which 
were  unacquainted  with  it  were  barbarous.  And  indeed  Chris- 
tianity only  abolished  slavery  by  advocating  the  claims  of  the 
slave  ;  at  the  present  time  it  may  be  attacked  in  the  name  of  the 
master  :  and,  upon  this  point,  interest  is  reconciled  with  moral- 
ity. 

As  these  truths  became  apparent  in  the  United  States,  slavery 
receded  before  the  progress  of  experience.  Servitude  had  be- 
gun in  the  South,  and  had  thence  spread  towards  the  North ; 
but  it  now  retires  again.  Freedom,  which  started  from  the 
North,  now  descends  uninterruptedly  towards  the  South. 
Amongst  the  great  States,  Pennsylvania  now  constitutes  the 
extreme  limit  of  slavery  to  the  North ;  but  even  within  those 
limits  the  slave-system  is  sliaken :  Maryland,  which  is  imme- 
diately below  Pennsylvania,  is  preparing  for  its  abolition  ;  and 
Virginia,  which  comes  next  to  Maryland,  is  already  discussing 
its  utility  and  its  dangers.* 

*  A  peculiar  reason  contributes  to  detach  tlic  two  last-mentioned  States  from 
the  cimso  of  slavery.  The  former  wealth  of  tiiis  part  of  the  Union  was  principal- 
ly derived  from  the  enltivation  of  tobacco.  Tiiis  cultivation  is  specially  carried 
on  by  slaves  ;  but  vviibin  the  last  few  years  the  market-price  of  tobacco  hasdimin- 
isiit'd,  whilst  the  value  of  the  slaves  remains  the  same.  Thus  the  ratio  between 
the  cost  of  i)roduction,  and  the  value  of  the  produce  is  changed.    The  natives  of 

44 


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346 

No  great  change  takes  place  in  human  institutions,  without 
involvino:  amongst  its  causes  the  law  of  inheritance.  When  the 
law  of  primogeniture  obtained  in  the  South,  each  family  was 
represented  by  a  wealthy  individual,  who  was  neither  compelled 
nor  induced  to  labor ;  and  he  was  surrounded,  as  by  parasitic 
plants,  by  the  other  members  of  his  family  who  were  then  ex- 
cluded by  law  from  sharing  the  common  inheritance,  and  who 
led  the  same  kind  of  life  as  himself.  The  very  same  thing  then 
occurred  in  all  the  fa.nilies  of  the  South  as  still  happens  in  the 
wealthy  families  of  some  countries  in  Europe,  namely,  that  the 
younger  sons  remain  in  the  same  state  of  idleness  as  their  elder 
brother,  without  being  as  rich  as  he  is.  This  identical  result 
seems  to  be  produced  in  Europe  and  in  America  by  wholly 
analogous  causes.  In  the  South  of  the  United  States,  the  whole 
race  of  whites  formed  an  aristocratic  body,  which  was  headed 
by  a  certain  number  of  privileged  individuals,  whose  wealth 
was  permanent,  and  whose  leisure  was  hereditary.  These 
leaders  of  the  American  nobility  kept  alive  the  traditional  pre- 
judices of  the  white  race  in  the  body  of  which  they  were  the  re- 
presentatives, and  maintained  the  honor  of  inactive  life.  This 
aristocracy  contained  many  who  were  poor,  but  none  who  would 
work  ;  its  members  preferred  w  ant  to  labor ;  consequently  no 
competition  was  set  on  foot  against  negro  laborers  and  slaves, 
and,  ^vhatever  opinion  might  be  entertained  as  to  the  utility  of 
their  eflorts,  it  was  indispensable  to  employ  them,  since  there 
w  as  no  one  else  to  work. 

No  sooner  was  the  law  of  primogeniture  abolished  than  for- 
tunes began  to  diminish,  and  all  the  families  of  the  country  were 
simultaneously  reduced  to  a  state  in  which  labor  became  neces- 
sary to  procure  the  means  of  subsistence  :  several  of  them  have 
since  entirely  disnpjicared  ;  and  all  of  them  learned  to  look  for- 
ward to  the  time  at  which  it  would  be  necessary  for  every  one  to 
provide  lor  his  own  wants.  Wealthy  individuals  arc  still  to  be 
met  with,  but  they  no  longer  constitute  a  compact  and  heredi- 
tary body,  nor  have  they  been  able  to  adopt  a  line  of  conduct 
in  wliich  they  could  persevere,  and  which  tliey  could  infuse  into 
ail  ranks  of  society.  The  prejudice  which  stigmatized  labor 
was  in  the  first  place  abandoned  by  common  consent ;  the  num- 
ber of  needy  men  was  increased,  and  the  needy  were  allowed  to 
gain  a  laborious  subsistence  without  blushing  for  their  exertions. 

Maryliind  and  Virginia  aro  tliereforo  more  disposod  than  tlioy  were  thirfy  years 
ago,  to  give  up  slave- lahor  in  tlie  cultivation  of  tobacco,  or  to  give  up  slavery  and 
tobacco  at  ttio  same  time. 


I 


347 


Thus  one  of  the  most  immediate  consequences  of  the  partible 
quality  of  estates  has  been  to  create  a  class  of  free  laborers.  As 
soon  as  a  competition  was  set  on  foot  between  the  free  laborer 
and  the  slave,  the  inferiority  of  the  latter  became  manifest,  and 
slavery  was  attacked  in  its  fundamental  principle,  which  is,  the 
interest  of  the  master. 

As  slavery  recedes,  the  black  pojndation  follows  its  retrograde 
course,  and  returns  with  it  to  those  tropical  regions  from  which 
it  originally  came.  However  singular  this  fact  may  at  first  ap- 
pear to  be,  it  may  readily  be  explained.  Although  the  Ameri- 
cans abolish  the  principle  of  slavery,  they  do  not  set  their  slaves 
free.  To  illustrate  this  remark  I  will  quote  the  example  of  the 
State  of  New  York.  In  17(S8,  the  tSiate  of  New  York  prohibited 
the  sale  of  slaves  within  its  limits;  which  was  an  indirect  method 
of  prohibiting  the  importation  of  blacks.  Tlienceforward  the 
number  of  negroes  could  only  increase  according  to  the  ratio 
of  the  natiu'al  increase  of  population.  But  eight  years  later  a 
more  decisive  measure  was  taken,  and  it  was  enacted  that  all 
children  born  of  slave  parents  after  the  -llh  of  .July,  17!)9,  should 
be  free.  No  increase  could  then  take  place,  and  although  slaves 
still  existed,  slavery  might  be  said  to  l)e  abolished. 

From  the  time  at  which  a  Northern  iState  prohibited  the  im- 
portation of  slaves,  no  slaves  were  brought  from  the  Soutli  to 
be  sold  in  its  markets.  On  the  other  liand,  as  the  sale  of  slaves 
was  forbidden  in  that  State,  an  owner  was  no  longer  able  to  get 
rid  of  his  slave  (who  thus  became  a  burdensome  possession,) 
otherwise  than  by  transporting  him  to  the  South.  But  when  a 
Northern  State  declared  that  the  son  of  the  slave  should  be  born 
free,  the  slave  lost  a  large  portion  of  his  market-value,  since  his 
posterity  was  no  longer  included  in  the  bargain,  and  the  owner 
liad  then  a  strong  interest  in  transporting  him  to  the  South. 
Thus  the  same  law  prevents  the  slaves  of  the  South  from  com- 
ing to  the  Nortliern  States,  and  drives  those  of  the  North  to  the 
South. 

The  want  of  free  hands  is  felt  in  a  State  in  proportion  as  the 
numbe-'  of  slaves  decreases.  But  in  proportion  as  lal)or  is  per- 
formed by  free  hands,  slave-labor  becomes  less  productive ;  and 
the  slave  is  then  a  useless  or  an  onerous  possession,  whom  it  is 
important  to  export  to  those  Southern  States  where  the  same 
competition  is  not  to  be  feared.  'I'hus  the  abolition  of  slavery 
does  not  set  the  slave  free,  but  it  merely  transfers  him  from  one 
master  to  another,  and  from  the  North  to  the  Soudi. 

The  emancipated  negroes,  and  those  born  after  the  abolition 


i\ 


348 


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of  slavery,  do  not,  indeed,  migrate  from  tlie  North  to  the  South ; 
but  their  situation  with  regard  to  the  Europeans  is  not  unlike 
that  of  the  aborigines  of  America  ;  they  remain  half  civilized, 
and  deprived  of  their  rights  in  the  midst  of  a  population  which 
is  far  superior  to  them  in  wealth  and  in  knowledge  ;  where  they 
are  exposed  to  the  tyranny  of  the  laws,*  and  the  intolerance  of 
the  people.     On  some  accounts  they  are  still  more  to  be  pitied 
than  the  Indians,  since  they  are  haunted  by  the  reminiscence  of 
slavery,  and  they  cannot  claim  possession  of  a  single  portion  of 
the  soil :  many  of  them  perish  miserably, f  and  the  rest  congre- 
gate in  the  great  towns,  where  they  perform  the  meanest  offices, 
and  lead  a  wretched  and  precarious  existence. 

But  even  if  the  number  of  negroes  continued  to  increase  as 
rapidly  as  Tvhen  they  were  still  in  a  state  of  slavery,  as  the  num- 
ber of  whites  augments  with  twofold  rapidity  since  the  abolition 
of  slavery,  the  blacks  would  soon  be,  as  it  were,  lost  in  the  midst 
of  a  strange  population. 

A  district  which  is  cultivated  by  slaves  is  in  general  more 
scantily  peopled  than  a  district  cultivated  by  free  labor :  more- 
over, America  is  still  a  new  country,  and  a  State  is  therefore  not 
half  peopled  at  the  time  when  it  abolishes  slavery.  No  sooner 
is  an  end  put  to  slavery,  than  the  want  of  free  labor  is  felt,  and 
a  crowd  of  enterprising  adventurers  immediately  arrive  from  all 
parts  of  the  country,  who  hasten  to  profit  by  the  fresh  resources 
which  are  then  opened  to  industry.  The  soil  is  soon  divided 
amongst  them,  and  a  family  of  white  settlers  takes  possession  of 
each  tract  of  country.  Besides  which,  European  emigration  is 
exclusively  directed  to  the  free  States ;  for  what  would  be  the 
fate  of  a  poor  emigrant  who  crosses  the  Atlantic  in  search  of 
ease  and  happiness,  if  he  were  to  land  in  a  country  where  labor 
is  stigmatized  as  degrading  ? 

Thus  the  white  population  grows  by  its  natural  increase,  and 
at  the  same  time  by  the  immense  influx  of  emigrants ;  whilst  the 
black  population  receives  no  emigrants,  and  is  upon  its  decline. 
The  proportion  which  existed  between  the  two  races  is  soon  in- 

*  The  States  in  wliich  slavery  is  abolished  usually  do  what  they  can  to  render 
their  territory  disagreeable  to  the  negroes  as  a  place  of  residence ;  and  as  a  kind 
of  emulation  exists  between  the  ditferent  States  in  this  respect,  the  unhappy 
blacks  can  only  choose  the  least  of  the  evils  which  beset  them. 

t  There  is  a  very  great  difference  between  the  n)ortility  of  the  blanks  and  of 
the  whites  in  the  States  in  which  slavery  is  abolished;  from  1d'<J0to  18 SI  only 
one  out  offorty-two  individuals  of  the  white  population  died  in  Philadelphia;  but 
one  negro  out  of  twenty-one  individuals  of  the  black  population  died  in  the  same 
space  of  time.  The  mortality  is  by  no  means  so  great  amongst  tlie  negroes  who 
are  still  slaves.    (See  Emmerson's  Medical  Statistics,  p.  28.) 


'P.U 


349 

verted.  The  negroes  constitute  a  scanty  remnant,  a  poor  tribe 
of  vagrants,  which  is  lost  in  .lie  midst  of  an  immense  people  in 
full  possession  of  the  land ;  and  the  ])rescnce  of  the  blacks  is 
only  marked  by  the  injustice  and  the  hardships  of  which  they 
are  the  unhappy  victims. 

In  several  of  the  Western  States  the  negro  race  never  made 
its  appearance  ;  and  in  all  the  Northern  States  it  is  rapidly  de- 
clining. Thus  the  great  question  of  its  future  condition  is  con- 
fined within  a  narrow  circle,  where  it  becomes  less  formidable, 
though  not  more  easy  of  solution. 

'J'he  more  we  descend  towards  the  South,  the  more  difficult 
does  it  become  to  abolish  slavery  with  advantage  :  and  this  arises 
from  several  physical  causes  which  it  is  important  to  point  out. 

The  first  of  these  causes  is  the  climate  :  it  is  well  known  that 
in  proportion  as  Europeans  approach  the  Tropics,  they  suffer 
more  from  labor.  Many  of  the  Americans  even  assert,  that 
within  a  certain  latitude  the  exertions  which  a  negro  can  make 
without  danger  are  fatal  to  them  ;*  but  I  do  not  think  that  this 
opinion,  which  is  so  favorable  to  the  indolence  of  the  inhabitants 
of  southern  regions,  is  confirmed  by  experience.  The  southern 
parts  of  the  [Jnion  are  not  hotter  than  the  South  of  Italy  and  of 
Spain  ;f  and  it  may  be  asked  why  the  European  cannot  work 
as  well  there  as  in  die  two  latter  countries.  If  slavery  has  been 
abolished  in  Italy  and  in  Spain  wiUiout  causing  the  destruction 
of  the  masters,  why  should  not  the  same  thing  take  place  in  the 
Union  ?  I  cannot  believe  that  Nature  has  prohibited  the  Euro- 
peans in  Ceorgia  and  the  Floridas,  under  pain  of  death,  from 
raising  the  means  of  subsistence  from  the  soil ;  but  their  labor 
would  unquestionably  be  more  irksome  and  less  productive:}:  to 
them  than  to  the  inhabitants  of  New  England.  As  the  free 
workman  thus  loses  a  portion  of  his  superiority  over  the  slave  in 
the  Southern  States,  there  are  fewer  inducements  to  abolish 
slavery. 


*  This  is  true  of  the  spots  in  which  rice  is  cultivjited;  rice-;srronnds,  which  are 
unwholesome  in  all  countries,  are  particularly  dangerous  in  those  regions  which 
are  exposed  to  the  beainsof  a  tropical  sun.  F.uropeins  would  not  find  it  easy  to 
cultivate  the  soil  in  iliat  part  of  the  New  Wor'd  if  it  inu-t  necessarily  be  made  to 
produce  rice  ;  but  may  they  not  subsist  without  rice-grounds  ? 

t  These  States  are  nearer  to  the  equator  than  Italy  and  Spain,  but  the  tempera- 
ture of  the  continent  of  America  is  very  much  lower  than  that  of  Europe. 

{  The  Spanish  Government  formerly  caused  a  certain  number  of  peasants 
from  the  Azores  to  be  transported  into  a  district  of  Louisiana  called  Attakapas,  by 
way  of  experiment.  These  settlers  still  cultivate  the  soil  without  the  assistance  of 
slaves,  but  their  industry  is  so  languid  as  scarcely  to  supply  their  tnost  necessary 
wants. 


h. 


i:l 


350 


li;  I 


p 

#*■* 


.  ^-1$ 


> 


I"  rj 


All  Jie  plants  of  Europe  grow  in  the  nortliern  parts  of  tiie 
Union  ;  the  South  has  special  productions  of  its  own.  It  has 
been  observed  tiiat  slave-labor  is  a  very  expensive  method  of 
cultivating  corn.  The  farmer  of  corn-land  in  a  country  where 
slavery  is  unknown,  habitually  retains  a  small  number  of  la- 
borers in  his  service,  and  at  seed-time  and  harvest  he  hires 
several  additional  hands,  who  only  live  at  his  cost  for  a  short 
period.  But  the  agriculturist  in  a  slave  State  is  obliL';ed  to 
keep  a  large  number  of  slaves  the  whole  year  round,  in  order 
to  sow  his  fields  and  to  gather  in  his  crops,  although  their  serv- 
ices are  only  required  for  a  few  weeks;  but  slaves  are  unable 
to  wait  till  they  arc  hired,  and  to  subsist  by  their  own  labor  in 
the  mean  time  like  free  laborers  ;  in  order  to  have  their  serv- 
ices, tliey  must  be  bought.  Slavery,  independently  of  its  gen- 
eral disadvantages,  is  therefore  still  more  inapplicable  to  coun- 
tries in  which  corn  is  cultivated  than  to  those  which  produce 
crops  of  a  diflerent  kind. 

The  cultivation  of  tobacco,  of  cotton,  and  especially  of  the 
sugar-cane,  demands  on  the  other  hand,  unremitting  attention: 
and  women  and  children  are  employed  in  it,  whose  services  are 
of  but  little  use  in  the  cultivation  of  wheat.  Thus  slavery  is 
naturally  more  fitted  to  the  countries  from  which  these  produc- 
tions are  derived. 

Tobacco,  cotton,  and  the  sugar-cane  are  exclusively  grown 
in  the  South,  and  they  form  one  of  the  principal  sources  of  the 
wealth  of  those  States.  If  slavery  were  abolished,  the  inhabit- 
ants of  the  South  would  be  constrained  to  adopt  one  of  two 
alternatives  :  they  must  either  change  their  system  of  cultiva- 
tion, and  then  they  would  come  into  competition  with  the  more 
active  and  more  experienced  inhabitants  of  the  North ;  or,  if 
they  continued  to  cultivate  the  same  produce  without  slave-la- 
bor, they  would  have  to  support  the  competition  of  the  other 
States  of  the  South,  which  might  still  retain  their  slaves.  Thus, 
peculiar  reasons  for  maintaining  slavery  exist  in  the  South  which 
do  not  operate  in  the  North. 

But  there  is  yet  another  motive  which  is  more  cogent  than 
all  the  others  ;  the  South  might  indeed,  rigorously  speaking, 
abolish  slavery,  but  how  should  it  rid  its  territory  of  the  black 
population  i'  Slaves  and  slavery  are  driven  from  the  North  by 
the  same  law,  but  this  twofold  result  cannot  be  hoped  for  in  the 
South. 

The  arguments  which  I  have  adduced  to  show  that  slavery 
is  more  natural  and  more  advantageous  in  the  South  than  in  the 


351 


North,  sufliciently  prove  that  the  number  of  slaves  must  be  far 
greater  in  the  former  districts.  It  was  to  the  southern  settle- 
ments that  the  first  Africans  were  brought,  and  it  is  there  that 
the  greatest  number  of  them  have  always  been  imported.  As 
we  advance  towards  the  fcioulh,  the  prejudice  which  sanctions 
idleness  increases  in  power.  In  the  Slates  nearest  to  the  Tro- 
pics there  is  not  a  single  white  laborer  ;  the  negroes  are  con- 
sequently much  more  numerous  in  the  South  than  in  the  North. 
And,  as  I  have  already  observed,  this  disproportion  increases 
daily,  since  the  negroes  are  transferred  to  one  part  of  the  Union 
as  soon  as  slavery  is  abolished  in  the  other.  Thus  the  black 
popnlailoM  augments  in  the  South,  not  only  by  its  natural  fe- 
cundity, but  by  the  compulsory  emigration  of  the  negroes  from 
the  North  ;  and  the  African  race  has  causes  of  increase  in  the 
South  very  analogous  to  those  which  so  powerfully  accelerate 
the  grow  til  of  the  European  race  in  the  North. 

In  the  State  of  Maine  there  is  one  negro  in  three  hundred 
inhabitants ;  in  Massachusetts,  one  in  one  hundred ;  in  New 
York,  two  in  one  hundred  ;  in  Pennsylvania,  three  in  the  same 
number ;  in  Maryland,  thirty-four ;  in  Virginia,  forty-two ; 
and  lastly,  in  South  Carolina*  fifty-five  per  cent.  Such  was 
the  proportion  of  the  black  population  to  the  w  bites,  in  the  year 
1830.  But  this  proportion  is  perpetually  changing,  as  it  con- 
stantly decreases  in  the  North  and  augments  in  the  South. 

It  is  evident  that  the  most  Southern  States  of  the  Union  can- 
not abolish  slavery  without  incurring  very  great  dangers,  which 
the  Nortli  had  no  reason  to  apprehend  when  it  emancipated  its 
black  population.  We  have  already  shown  the  system  by  which 
the  Northern  Slates  secure  tlie  transition  from  slavery  to  free- 
dom, by  keeping  the  |)resent  generation  in  chains,  and  setting 
thoir  descendarUs  free  ;  by  this  means  the  negroes  are  gradu- 
ally introdtu'cd  into  society  ;  and  whilst  the  men  who  might 
abuse  their  freedom  are  kept  in  a  state  of  servitude,  those  who 
are  emancipated  n)ay  learn  the  art  of  being  free  before  they 
become  their  own  masters.     But  it  would  be  difTicult  to  apply 

*  Wfi  find  it  asscitod  in  an  Arnoiican  work,  entitled  '  Letters  on  tlie  Coloniza- 
tion Snniety,"  by  Mr.  Carey,  1S;3;5,  '•  That  lor  the  last  forty  years  the  hiaek  race  lit  s 
increased  more  rapidly  than  the  white  raee  in  the  State  ot"  South  Carolina;  and 
that  if  we  take  tlie  averajfe  population  of  the  live  States  of  the  SoiUli  into  which 
slaves  were  first  iiuroduced,  viz.  Maryland,  Virginia,  South  Carolina,  North  Ca» 
rolina,  and  deorcia,  we  shall  find  that  from  17!)l)  to  IBiiO  the  whites  have  aug- 
mented in  the  proportionof  80  to  UIO,  and  the  blacks  in  that  of]  i'i  to  100. 
In  the  UnitcMl  States,  in  IHIiO,  the  population  of  tiie  two  races  stood  as  follows: 
States  where  slavery  is  abolished,  0,5(35,434  whites;  120,5JiO  blacks.  Slave 
States,  3,960,814  whites ;  2,208,10;^  blacks. 


■.d 


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352 


if :» 


••1. 

!« 

»«• 

t 

■:i 

l3 

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J 

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'lit-; 

■  % 

this  method  in  the  South.  To  declare  that  all  the  negroes  born 
after  a  certain  period  shall  be  free,  is  to  introduce  the  principle 
and  the  notion  of  liberty  into  the  heart  of  slavery  ;  the  blacks, 
whom  the  law  thus  maintains  in  a  state  of  slavery  f'-om  which 
their  children  are  delivered,  are  astonished  at  so  unequal  a 
fate,  and  their  astonishment  is  only  the  prelude  to  their  impa- 
tience and  irritation.  Thenceforward  slavery  loses,  in  their 
eyes,  that  kind  of  moral  power  which  it  derived  from  time  and 
habit ;  it  is  reduced  to  a  mere  palpable  abuse  of  force.  The 
Northern  States  had  nothin";  to  fear  from  the  contrast,  because 
in  them  the  blacks  were  lew  in  number,  and  the  white  popula- 
laiion  was  very  considerable.  But  if  this  faint  dawn  of  free- 
dom were  to  show  two  millions  of  men  their  true  position,  the 
oppressors  would  have  reason  to  tremble.  After  havinp^  af- 
franchised the  children  of  their  slaves,  the  Europeans  of  the 
Southern  States  would  very  shortly  be  obliged  to  extend  the 
same  benefit  to  the  whole  black  population. 

In  the  North,  as  I  have  already  remarked,  a  twofold  migra- 
tion ensues  upon  the  abolition  of  slavery,  or  even  precedes  that 
event  when  circumstances  have  rendered  it  probable ;  the  slaves 
quit  the  country  to  be  transported  southwards ;  and  the  whites 
of  the  Northern  States  as  well  as  the  emigrants  from  Europe 
hasten  to  fill  up  their  place.  But  these  two  causes  cannot  ope- 
rate in  the  same  manner  in  the  Southern  States.  On  the  one 
hand,  the  mass  of  slaves  is  too  great  for  any  expectation  of  their 
ever  being  removed  from  the  country  to  be  entertained ;  and  on 
the  other  hand,  the  Europeans  and  Anglo-Americans  of  the 
North  are  afraid  to  come  to  inhabit  a  country,  in  which  labor 
has  not  yet  been  reinstated  in  its  rightful  honors.  Besides,  they 
very  justly  look  upon  the  States  in  which  the  proportion  of  the 
negroes  equals  or  exceeds  that  of  the  whites,  as  exposed  to  very 
great  dangers ;  and  they  refrain  from  turning  their  activity  in 
that  direction. 

Thus  the  inhabitants  of  the  South  would  not  be  able ,  like 
their  northern  countrymen,  to  initiate  the  slaves  gradually  into 
a  state  of  freedom,  by  abolishing  slavery  ;  they  have  no  means 
of  perceptibly  diminishing  the  black  population,  and  they  would 
remain  unsupported  to  repress  its  excesses.  So  that  in  the  course 
of  a  few  years,  a  great  people  of  free  negroes  would  exist  in  the 
heart  of  a  white  nation  of  equal  size. 

The  same  abuses  of  power  which  still  maintain  slavery,  would 
then  become  the  source  of  the  most  alarming  perils,  which  the 
white  population  of  the  South  might  have  to  apprehend.     At  the 


353 


negroes  born 
the  principle 
;  the  blacks, 

f'-om  which 
0  unequal  a 
}  their  impa- 
oses,  in  their 
i'om  time  and 

force.  The 
trast,  because 
k'hite  popula- 
lavvn  of  frce- 
!  position,  the 
ir  havinj;  af- 
opeans  of  the 
o  extend  the 

vofold  migra- 
precedes  that 
lie ;  the  slaves 
nd  the  whites 
,  from  Europe 
!S  cannot  ope- 
On  the  one 
tation  of  their 
ined ;  and  on 
ricans  of  the 
m  which  labor 
Besides,  tiioy 
iportion  of  the 
posed  to  very 
icir  activity  in 

)t  be  able,  like 
gradually  into 
lave  no  lneaIl^ 
nd  they  would 
It  in  the  course 
dd  exist  in  the 

slavery,  would 
rils,  which  the 
hend.    At  the 


present  time  the  descendants  of  the  Europeans  are  the  sole 
owners  of  the  land  ;  the  absolute  masters  of  all  labor ;  and  the 
only  persons  w  ho  are  possessed  of  wealth,  knowledge,  and  arms. 
The  black  is  destitute  of  all  these  advantages,  but  he  subsists 
without  them  because  he  is  a  slave.  If  he  were  free,  and  ob- 
liged to  provide  for  his  own  subsistence,  would  it  be  possible  for 
him  to  remain  without  these  things  and  to  support  life  ?  Or 
would  not  the  very  instruments  of  the  present  superiority  of  the 
white,  whilst  slavery  exists,  expose  him  to  a  thousand  dangers 
if  it  were  abolished  ? 

As  long  as  the  negro  remains  a  slave,  he  may  be  kept  in  a  con- 
dition not  very  far  removed  from  that  of  the  brutes ;  but,  w  ith  his 
liberty,  he  cannot  but  acquire  a  degree  of  instruction  which  will 
enable  him  to  appreciate  his  misfortunes,  and  to  discern  a  reme- 
dy for  them.  Moreover,  there  exists  a  singular  principle  of  re- 
lative justice  which  is  very  firmly  implanted  in  the  human  heart. 
Men  are  much  more  forcibly  struck  by  those  inequalities  which 
exist  within  the  circle  of  the  same  class,  than  with  those  which 
may  be  remarked  between  different  classes.  It  is  more  easy  for 
them  to  admit  slavery,  than  to  allow  several  millions  of  citizens 
to  exist  under  a  load  of  eternal  infamy  and  hereditary  w  retched- 
ness.  In  the  North  the  population  of  freed  negroes  feels  these 
liardships  and  resents  these  indignities ;  but  its  members  and  its 
powers  are  small,  whilst  in  the  ISoutli  it  would  be  numerous  and 
strong. 

As  soon  as  it  is  admitted  that  the  whites  and  the  emancipated 
blacks  are  placed  upon  the  same  territory  in  the  situation  of  two 
alien  communities,  it  will  readily  be  understood  that  there  are 
but  two  alternatives  for  the  future  ;  the  negroes  and  ihc  whites 
must  either  wholly  part  or  wholly  mingle.  Phave  already  ex- 
pressed the  conviction  which  I  entertain  as  to  the  latter  event.* 
I  do  not  imagine  that  the  white  and  the  black  races  will  ever 
live  in  any  country  upon  an  equal  footing.  But  I  believe  the 
difficulty  to  be  still  greater  in  the  United  States  than  elsewhere. 
An  isolated  individual  may  surmount  the  prejudices  of  religion, 
of  his  country,  or  of  his  race,  and  if  this  individual  is  a  king  he 
ma^  I'dect  surprising  changes  in  society;  but  a  whole  people 

*  This  opinion  is  sanctioned  by  antliorities  infinitely  weightier  than  anytliing 
that  I  can  say  :  thns,  for  instance,  it  is  stated  in  the  Memoirs  of  Jerterson  fas  col- 
lected by  M.  ConseilJ  "  Nothing  is  more  clearly  written  in  the  book  of  destiny 
than  the  emancipation  of  the  blacks;  and  ii,  is  etpiaily  certain  that  the  two  races 
will  never  live  in  u  state  of  equal  freedom  under  the  same  government,  so  insur- 
mountable are  th^  barriers  which  nature,  habit,  and  opiuiona  have  established 
betweeo  them." 

45 


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% 


I,         4# 


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t 


1 


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i» 


cannot  rise,  as  it  were,  above  itself.  A  despot  who  should  sub- 
ject the  Americans  and  their  former  slaves  to  the  same  yoke, 
m'ia;ht  perhaps  succeed  in  commingling  their  races ;  but  as  long 
as  the  American  democracy  remains  at  the  head  of  aflairs,  no 
one  will  undertake  so  difiicult  a  task ;  and  it  may  be  foreseen 
that  the  freer  the  white  population  of  the  United  States  becomes, 
the  more  isolated  will  it  remain.* 

I  have  previously  observed  that  the  mixed  race  is  the  true 
bond  of  union  between  the  Europeans  and  the  Indians  ;  just  so 
the  mulattocs  are  the  true  means  of  transition  between  the  white 
and  the  negro  ;  so  that  wherever  mulattoes  abound,  the  inter- 
mixture of  the  two  races  is  not  impossible.  In  some  parts  of 
America,  the  European  and  the  negro  races  are  so  crossed  by 
one  another,  that  it  is  rare  to  meet  with  a  man  who  is  entirely 
black,  or  entirely  white :  when  they  are  arrived  at  this  point, 
the  two  races  may  really  be  said  to  be  combined ;  or  rather  to 
have  been  absorbed  in  a  third  race,  which  is  connected  with 
both  without  being  identical  with  cither. 

Of  all  the  Europeans  the  English  are  those  who  have  mixed 
least  with  the  negroes.  More  mulattoes  are  to  be  seen  in  the 
South  of  the  Union  than  in  the  North,  but  still  they  are  infinitely 
more  scarce  than  in  any  other  European  colony :  mulattoes  arc 
by  no  means  numerous  in  the  United  States ;  they  have  no  force 
peculiar  to  themselves,  and  when  quarrels  originating  in  diffe- 
rences of  color  take  place,  they  generally  side  with  the  whites; 
just  as  the  lacqueys  of  the  groat,  in  Europe,  assume  the  contempt- 
uous airs  of  nobility  to  the  lower  orders. 

The  pride  of  origin,  which  is  natural  to  the  English,  is  sin- 
gularly augmented  by  the  personal  pride  which  democratic 
liberty  fosters  amongst  the  Americans  :  the  white  citizen  of  the 
United  States  is  proud  of  his  race,  and  proud  of  himself.  But  if 
the  whites  and  the  negroes  do  not  intermingle  in  the  North  of 
the  Union,  how  should  they  mix  in  the  South  ?  Can  it  be  sup- 
posed for  an  instant,  that  an  American  of  the  Southern  States, 
placed,  as  he  must  for  ever  be,  between  the  white  man  with  all 
his  physical  and  moral  superiority,  and  the  negro,  will  ever  think 
of  preferring  the  latter  ?  The  Americans  of  the  Southern  States 
have  two  powerful  passions  which  will  always  keep  them  aloof; 
the  first  is  the  fear  of  being  assimilated  to  the  negroes,  their  for- 


*  If  ihe  British  West  India  planters  had  governed  themselves,  they  would 
assuredly  not  have  passed  the  Slave  Emancipatiou  Bill  which  the  mother-country 
has  recently  imposed  upon  thorn. 


I'iiji 


-«.,<;i/*?*iii*ii 


356 


o  should  sub- 
ic  same  yoke, 
; ;  but  ns  long 
of  aflairs,  no 
ay  be  foreseen 
tales  becomes, 

re  is  the  true 
dians ;  just  so 
veen  the  white 
imd,  the  inter- 
some  parts  of 
>  so  crossed  by 
who  is  entirely 
at  this  point, 
1 ;  or  rather  to 
:onnected  with 

lio  have  mixed 
be  seen  in  the 
«y  are  infinitely 
;  mulattoes  are 
y  have  no  force 
nating  in  diffe- 
ith  the  whites ; 
e  the  contempt- 

•^nglish,  is  sin- 
ich  democratic 
e  citizen  of  the 
limself.  But  if 
in  the  North  of 

Can  it  be  sup- 
outhern  States, 
te  man  with  all 
,  will  ever  think 
Southern  States 
eep  them  aloof; 
sroes,  their  for- 

iselves,  they  would 
the  tnolher-couutry 


mer  slaves ;  and  the  second,  the  dread  of  sinking  below  the 
whites,  their  neighbors. 

If  I  were  called  upon  to  pi^dict  what  will  probably  occur  at 
some  future  time,  1  should  say,  that  the  abolition  of  slavery  in 
the  South  will,  in  the  common  course  of  things,  increase  the  re- 
pugnance of  the  w  bite  population  for  the  men  of  color.  I  found 
this  opinion  upon  the  analogous  observation  which  I  already 
had  occasion  to  make  in  the  North.  I  there  remarked  that  the 
white  inhabitants  of  the  North  avoid  the  negroes  with  increasing 
care,  in  proportion  as  the  legal  barriers  of  separation  are  re- 
moved by  the  legislature  ;  and  why  should  not  the  same  result 
take  place  in  the  South  ?  In  the  North,  the  whites  are  deterred 
from  intermingling  with  the  blacks  by  the  fear  of  an  imaginary 
danger ;  in  the  South,  where  the  danger  would  be  real,  I  can- 
not imagine  that  the  fear  would  be  less  general. 

If,  on  the  one  hand,  it  be  admitted  (and  the  fact  is  unques- 
tionable) that  the  colored  population  perpetually  accumulates  in 
the  extreme  South,  and  that  it  increases  more  rapidly  dian  that 
of  the  whites  ;  and  if,  on  the  other  hand,  it  be  allowed  that  it  is 
impossible  to  foresee  a  time  at  which  the  whites  and  the  blacks 
will  be  so  intermingled  as  to  derive  the  same  benefits  from  so- 
ciety ;  must  it  not  be  inferred,  that  the  blacks  and  the  whites 
will,  sooner  or  later,  come  to  open  strife  in  the  Southern  States 
of  the  Union  ?  But  if  it  be  asked  what  the  issue  of  the  struggle 
is  likely  to  be,  it  will  readily  be  understood  that  we  are  here  left 
to  form  a  very  vague  surmise  of  the  truth.  The  human  mind 
may  succeed  in  tracing  a  w  ide  circle,  as  it  wee,  which  includes 
the  course  of  future  events ;  but  within  that  circle  a  thousand 
various  chances  and  circumstances  may  direct  it  in  as  many  dif- 
ferent ways  ;  and  in  every  picture  of  the  future  there  is  a  dim 
spot,  which  the  eye  of  the  understanding  cannot  penetrate.  It 
appears,  however,  to  be  extremely  probable,  that  in  the  West 
India  Islands  the  white  race  is  destined  to  be  subdued,  and  the 
black  population  to  share  the  same  fate  upon  the  continent. 

In  the  West  India  Islands  the  white  planters  are  surrounded 
by  an  immense  black  population  ;  on  the  continent,  the  blacks 
are  placed  between  the  ocean  and  an  innumerable  people,  which 
already  extends  over  them  in  a  dense  mass,  from  the  icy  confines 
of  Canada  to  the  frontiers  of  Virginia,  and  from  the  banks  of 
the  Missouri  to  the  shores  of  the  Atlantic.  If  the  white  citizens 
of  North  America  remain  united,  it  cannot  be  supposed  that  the 
negroes  will  escape  the  destruction  with  which  they  are  menaced ; 
they  must  be  subdued  by  want  or  by  the  sword.     But  the  black 


','-! 


»■'■;, 


^ 


•*-t^ 


356 


1*1 
$* 
t 


3«| 


i 


tMr- 


1 


population  which  is  accumulated  along  the  coast  of  the  Gulf  of 
Mexico,  has  a  chance  of  success,  if  the  American  Union  is  dis- 
solved when  the  strugf^le  between  the  two  races  begins.  If  the 
Federal  tie  were  broken,  the  citizens  of  the  South  would  be 
wrong  to  rely  upon  any  lasting  succor  from  their  Northern 
countrymen.  The  latter  are  well  aware  that  the  danger  can 
never  reach  them  ;  and  unless  they  are  constrained  to  march  to 
the  assistance  of  the  South  by  a  positive  obligation,  it  may  be 
foreseen  that  the  sympathy  of  color  will  be  insufficient  to  stimulate 
their  exertions. 

Yet,  at  whatever  period  the  strife  may  break  out,  the  whites 
of  the  South,  even  if  they  are  ibandoned  to  their  own  resources, 
will  enter  the  lists  witii  an  immense  superiority  of  knowledge  and 
of  the  means  of  warfare  :  but  the  blacks  will  have  numerical 
strength  and  the  energy  of  despair  upon  their  side  ;  and  these 
are  powerful  resources  to  men  who  have  taken  up  arms.  Tlie 
fate  of  the  white  population  of  the  Southern  States  will,  perhaps, 
be  similar  to  that  of  the  Moors  in  Spain.  After  having  occupied 
the  land  for  centuries,  it  will  perhaps  be  forced  to  retire  to  the 
country  w  hence  its  ancestors  came,  and  to  abandon  to  the  ne- 
groes the  possession  of  a  territory,  which  Providence  seems  to 
have  more  peculiarly  destined  for  ihem,  since  they  can  subsist 
and  labor  in  it  more  easily  than  the  whites. 

The  danger  of  a  conflict  between  the  white  and  the  black  in- 
habitants of  the  Southern  States  of  the  Union,  —  a  danger 
which,  however  remote  it  may  be,  is  inevitable,  —  perpetually 
haunts  the  imagination  of  the  Americans.  The  inhabitants  of 
the  North  make  it  a  common  topic  of  conversation,  although 
they  have  no  direct  injury  to  fear  from  the  struggle ;  but  tliey 
vainly  endeavor  to  devise  some  means  of  obviating  the  misfor- 
tunes wiiich  they  foresee.  In  the  Southern  States  the  subject  is 
not  discussed  :  the  planter  does  not  allude  to  the  futu  e  in  con- 
versing w  ith  strangers ;  the  citizen  does  not  communicate  his 
appreiiensions  to  his  friends ;  he  seeks  to  conceal  them  from  him- 
self: but  tliere  is  something  more  alarming  in  the  tacit  fore- 
bodings of  the  South,  than  in  the  clamorous  fears  of  the  Nortiicrn 
States. 

This  all-pervading  disquietude  has  given  birth  to  an  under- 
taking which  is  but  little  known,  but  which  may  have  the  eifect 
of  changing  tiie  fate  of  a  portion  of  the  human  race.  From 
apjjrehension  of  the  dangers  which  I  have  just  been  describing, 
a  certain  number  of  American  citizens  have  formed  a  society 
for  the  purpose  of  exporting  to  the  coast  of  Guinea,  at  their 


III 


357 


I ,« air 


own  expense,  such  free  necjroes  as  may  be  willing- to  escape  from 
the  oppression  to  which  they  are  subject.* 

In  1820,  the  society  to  which  I  allude  formed  a  settlement  in 
Africa  upon  the  7th  degree  of  north  latitude,  which  bears  the 
i.ame  of  Liberia.  The  most  recent  intelligence  informs  us  that 
.wo  thousand  five  hundred  nea;roes  are  collected  there ;  they 
have  introduced  the  democratic  institutions  of  America  into  the 
country  of  their  forefathers  ;  and  Liberia  has  a  representative 
system  of  government,  negro  jurymen,  negro  magistrates,  and 
negro  priests  ;  churches  have  been  built,  newspapers  established 
and,  by  a  singular  change  in  the  vicissitudes  of  the  world, 
white  men  are  prohibited  from  sojourning  within  the  settle- 
ment.! 

This  is  indeed  a  strange  caprice  of  fortune.  Two  hundred 
years  have  now  elapsed  since  the  iidiabilants  of  Europe  under- 
took to  tear  the  negro  from  his  family  and  his  home,  in  order  to 
transport  him  to  the  shores  of  North  America ;  at  the  present  day, 
the  European  settlers  are  engaged  in  sending  back  the  descen- 
dants of  those  very  negroes,  to  the  continent  from  which  they 
were  originally  taken ;  and  the  barbarous  Africans  have  been 
brought  into  contact  widi  civilization  in  the  midst  of  bondage, 
and  liave  become  acquainted  widi  free  political  institutions  in 
slavery.  Up  to  the  present  time  Africa  has  been  closed  against 
the  arts  and  sciences  of  the  whites;  but  the  inventions  of  Europe 
will  perhaps  penetrate  into  those  regions,  now  that  they  are  in- 
troduced by  Africans  themselves.  The  setdement  of  Liberia  is 
founded  upon  a  lofty  and  a  most  fruitful  idea  ;  but  whatever 
may  be  its  results  with  regard  to  the  continent  of  Africa,  it  can 
aflbrd  no  remedy  to  the  New  World. 

In  twelve  years  the  Colonization  Society  has  transported  two 
thousand  five  huridred  negroes  to  Africa  ;  in  the  same  space  of 
time  about  seven  hundred  thousand  blacks  were  born  in  the 
United  States.  If  the  colony  of  Liberia  were  so  situated  as  to 
be  able  to  receive  thousands  of  new  inhabitants  every  year,  and 
if  die  negroes  were  in  a  state  to  be  sent  thither  with  advantage  ; 

*  This  society  assumed  the  name  of  "  the  Society  for  the  Colonization  of  the 
Blacks."  See  its  Animal  Reports;  and  more  particularly  the  (ilteenth.  See 
also  the  pamphlet,  to  which  allusion  has  ahfady  been  niafle.  entitled,  "  Letters  on 
the  Colonization  Soci-^ty,  and  on  its  probable  results,"  by  ftlr.  Carey,  Pliiladel- 
phia,  April,  IW.J:?. 

t  This  last  rej^nlatioii  was  laid  down  by  the  founders  of  the  settlement;  they 
apprehended  that  a  state- of  things  might  iirise  in  Africa,  similiar  to  that  which 
exists  on  the  frontiers  of  the  IIiMled  States,  and  that  if  the  negroes,  like  the  In- 
dians, were  brought  into  collision  with  a  people  more  enlightened  than  themselves, 
they  would  be  destroyed  before  tljcy  could  be  civilized. 


,  d 


«»H. 


S58 


•■■♦. 

I*' 
t 


IM 


)«i 


« 


'» 


tor: 


J 

■m 


^ii 


if  the  Union  were  to  supply  the  society  with  annual  subsidies,* 
and  to  transport  the  negroes  to  Africa  in  vessels  of  the  State,  it 
would  still  be  unable  to  counterpoise  the  natural  increase  of 
population  amongst  the  blacks ;  and  as  it  could  not  remove  as 
many  men  in  a  year  as  are  born  upon  its  territory  within  the 
same  space  of  time,  it  would  fail  in  suspending  the  growth  of 
the  evil  which  is  daily  increasing  in  the  States.f  The  negro 
race  will  never  leave  those  shores  of  the  American  continent,  to 
which  it  was  brought  by  the  passions  and  the  vices  of  Euro- 
peans ;  and  it  will  not  disappear  from  the  New  World  as  long 
as  it  continues  to  exist.  The  inhabitants  of  the  United  States 
may  retard  the  calamities  which  they  apprehend,  but  they  can- 
not now  destroy  their  efficient  cause. 

I  am  obliged  to  confess  that  I  do  not  regard  the  abolition  of 
slavery  as  a  means  of  warding  off  the  struggle  of  the  two  races 
in  the  United  States.  The  negroes  may  long  remain  slaves 
without  complaining;  but  if  they  are  once  raised  to  the  level  of 
free  men,  they  will  soon  revolt  at  being  deprived  of  all  their 
civil  rights;  and  as  they  cannot  become  the  equals  of  the  whites, 
they  will  speedily  declare  themselves  as  enemies.  In  the  North 
everything  contributed  to  facilitate  the  emancipation  of  the 
slaves  ;  and  slavery  was  abolished,  without  placing  the  free  ne- 
groes in  a  position  which  could  become  formidable,  since  their 
number  was  too  small  for  them  ever  to  claim  the  exercise  of 
their  rights.  But  such  is  not  the  case  in  the  South.  The  ques- 
tion of  slavery  was  a  question  of  comnjerce  and  manufacture  for 
the  slave-owners  in  the  North  ;  for  those  of  the  South,  it  is  a 
question  of  life  and  death.  God  forbid  that  I  shoukl  seek  to 
justify  the  principle  of  negro  slavery,  as  has  been  done  by  some 
American  writers!  But  I  only  observe  that  all  the  countries 
which  formerly  adopted  that  execrable  principle  arc  not  equally 
able  to  abandon  it  at  the  present  time. 

When  I  contemplate  the  condition  of  the  South,  I  can  only  dis- 
cover two  alternatives  which  may  be    adopted  by  the  white  iii- 

*  Nor  would  these  be  the  only  dinicuhies  atirnclaiit  upon  the  itiiderfak-infl: ;  if 
the  Union  undertook  to  buy  nptlu  neifroes  now  in  America,  in  order  to  transport 
them  to  Africa,  the  price  of  slaves,  increasing  with  their  scarcity,  wonid  soon 
becinnc  enormous  ;  and  the  States  of  the  North  would  never  consent  to  expend 
such  great  sums,  Cora  purpose  which  woidd  procure  such  small  ad\antapesto 
themselves  If  tin;  Union  look  possession  of  the  slaves  in  the  Southern  Slates  hy 
force,  or  at  a  rate  determined  hy  law,  an  insurmoiinl  iblo  resistance  would  arise  iti 
that  part  ofthe  country.     Coth  alternatives  are  eijii.illv  impossible. 

t  In  1830  there  were  in  the  United  Slates  'i.OIO.Mii?  slaves  and  :}i:)4;'.f)  fire 
blacks,  in  all ".i.HiO,/*)!)  negroes;  which  formed  uboutone-lifthof  the  total  popula- 
tioa  of  the  Uuittid  States  at  that  time. 


359 


habitants  of  those  States  ;  viz.  either  to  emancipate  the  negroes, 
and  to  intermingle  with  them  ;  or,  remaining  isolated  from  them, 
to  keep  them  in  a  state  of  slavery  as  long  as  possible.  All  in- 
termediate measures  seem  to  me  likely  to  terminate,  and  that 
shortly,  in  the  most  horrible  of  civil  wars,  and  perhaps  in  the 
extirpation  of  one  or  other  of  the  two  races.  Such  is  the  view 
which  the  Americans  of  the  South  take  of  the  riuestion,  and  they 
act  consistently  with  it.  As  they  are  determined  not  to  mingle 
with  the  negroes,  they  refuse  to  emancipate  them. 

Not  that  the  inhabitants  of  the  South  regard  slavery  as  neces- 
sary to  the  wealth  of  the  planter ;  for  on  this  point  many  of  them 
agree  with  their  Northern  countrymen  in  freely  admitting  that 
slavery  is  prejudicial  to  their  interests  ;  but  they  are  convinced 
that,  however  prejudicial  it  may  be,  they  hold  their  lives  upon 
no  other  tenure.  The  instruction  which  is  now  diffused  in  the 
South  his  convinced  the  inhabitants  that  slavery  is  injurious  to 
the  slave-owner,  but  it  has  also  shown  them,  more  clearly  than 
before,  that  no  means  exist  of  getting  rid  of  its  bad  consequences. 
Hence  arises  a  singular  contrast ;  the  more  the  utility  of  slavery 
is  contested,  the  more  firmly  is  it  established  in  the  laws ;  and 
whilst  the  principle  of  servitude  is  gradually  abolished  in  the 
North,  that  selfsame  principle  gives  rise  to  more  and  more  rigor- 
ous consequences  in  the  South. 

The  legislation  of  the  Southern  States,  with  regard  to  slaves, 
presents  at  the  present  day  such  unparalleled  atrocities,  as  suffice 
to  show  how  radically  the  laws  of  humanity  have  been  perverted, 
ind  to  betray  the  desperate  position  of  the  community  in  which 
hat  legislation  has  been  promulgated.  The  Americans  of  this 
portion  of  the  Union  have  not,  indeed,  augmented  the  hardships 
of  slavery ;  they  have,  on  the  contrary,  bettered  the  physical 
condition  of  the  slaves.  The  only  means  by  which  the  ancients 
maintained  slavery  were  fetters  and  death  ;  the  Americans  of  the 
South  of  the  Union  have  discovered  more  intellectual  securities 
for  the  duration  of  their  power.  They  have  employed  their 
despotism  and  their  violence  against  the  human  mind.  In  anti- 
quity, precautions  were  taken  to  prevent  the  slave  from  breaking 
his  chains ;  at  the  present  day  measures  are  adopted  to  deprive 
him  even  of  the  desire  of  freedom.  The  ancients  kept  the  bodies 
of  their  slaves  in  bondage,  but  they  placed  no  restraint  upon  the 
mind  and  no  check  upon  education  ;  and  they  acted  consistently 
with  their  established  principle,  since  a  natural  termination  of 
slavery  then  existed,  and  one  day  or  othjer  the  slave  might  be 
set  free,  and  become  the  equal  of  his  master.    But  the  Ameri- 


^  ;Q 


'1  .! 


3G0 


I        ' 

la'.       ■■* 

J:  -  1 


cans  of  the  South,  who  do  not  admit  that  the  Negroes  can  ever 
be  commingled  with  themselves,  have  forbidden  them  to  be  taught 
lo  read  or  to  write,  under  severe  penalties ;  and  as  they  will  not 
raise  them  to  their  own  level,  they  sink  them  as  nearly  as  pos- 
sible to  that  of  the  brutes. 

The  hope  of  liberty  had  always  been  allowed  to  the  slave  to 
cheer  the  hardships  of  his  condition.  But  the  Americans  of  the 
South  are  well  aware  that  emancipation  cannot  but  be  danger- 
ous, when  the  freed  man  can  never  be  assimilated  to  his  former 
master.  To  give  a  man  his  freedom,  and  to  leave  him  in  wretch- 
edness and  ignominy,  is  nothing  less  than  to  prepare  a  future 
chief  for  a  revolt  of  the  slaves.  Moreover,  it  has  long  been  re- 
marked, that  the  presence  of  a  free  negro  vaguely  agitates  the 
minds  of  his  less  fortunate  brethren,  and  conveys  to  them  a  dim 
notion  of  their  rights.  The  Americans  of  the  South  have  con- 
sequently taken  measures  to  prevent  slave-owners  from  emanci- 
pating their  slaves  in  most  cases ;  not  indeed  by  a  positive  pro- 
hibition, but  by  subjecting  that  step  to  various  forms  v  hich  it  is 
ditiicult  to  comply  with. 

I  happened  to  meet  with  an  old  man,  in  the  South  of  the 
Union,  who  had  lived  in  illicit  intercourse  with  one  of  his  ne- 
gresses,  and  had  had  several  children  by  her,  who  were  born 
the  slaves  of  their  father.  He  had  indeed  frequently  thought  of 
bequeathing  to  them  at  least  their  liberty ;  but  years  had  elapsed 
without  his  being  able  to  surmount  the  legal  obstacles  to  their 
emancipation,  and  in  the  meanwhile  his  old  age  was  come,  and 
he  was  about  to  die.  He  pictured  to  himself  his  sons  dragged 
from  market  to  market,  and  passing  from  the  authority  of  a  parent 
to  the  rod  of  the  stranger,  until  these  horrid  anticipations  worked 
his  expiring  imagination  into  frenzy.  When  I  saw  him  he  was 
a  prey  to  all  the  anguish  of  despair,  and  he  made  me  feel  how 
awful  is  the  retribution  of  Nature  upon  those  who  have  broken 
her  laws. 

These  evils  are  unquestionably  great ;  bnt  they  are  the  neces- 
sary and  foreseen  consequence  of  the  very  princi[)le  of  modern 
slavery.  When  the  Europeans  chose  their  slaves  from  a  race 
diflering  from  their  own,  which  many  of  them  considered  as  in- 
ferior to  the  other  races  of  mankind,  and  which  they  all  repelled 
with  horror  from  any  notion  of  intimate  connexion,  they  must 
have  believed  that  slavei-y  would  last  for  ever ;  since  there  is  no 
intermediate  state  which  can  be  durable,  between  the  excessive 
inequality  produced  by  servitude,  and  the  complete  equality 
which  originates  in  independence.     The  Europeans  did  imper- 


I  !^ 


,i'  r  1 


'        I 


361 


fectly  feel  this  truth,  but  without  acknowledging  it  even  to  them- 
selves. Whenever  they  have  had  to  do  with  negroes,  their  con- 
duct has  either  been  dictated  by  their  interest  and  their  pride, 
or  by  their  compassion.  They  first  violated  every  right  of  hu- 
manity by  their  treatment  of  tlie  negro,  and  they  afterwards  in- 
formed him  that  those  rights  were  precious  and  inviolable.  They 
aflbcted  to  open  their  ranks  to  the  slaves,  but  the  negroes  who 
attempted  to  penetrate  into  tiie  coumiimity  were  driven  back 
with  scorn ;  and  they  have  incautiously  and  involuntarily  been 
led  to  admit  of  freedom  instead  of  slavery,  without  having  the 
courage  to  be  wholly  iniquit(ms,  or  wholly  just. 

If  it  be  impossible  to  anticipate  a  period  at  which  the  Ameri- 
cfins  of  the  South  will  mingle  their  blood  with  tljat  of  the  ne- 
trroes,  can  they  allow  tlutir  slaves  to  hccome  tree  without  com- 
promising their  own  security  ?  And  if  they  are  obliged  to  keep 
that  race  in  bondage,  in  order  to  save  their  own  funilies,  may 
tliey  not  be  excused  for  availing  themselves  of  the  means  best 
adapted  to  that  end  ?  The  events  which  are  taking  place  in  the 
Southern  States  of  the  Union,  appear  to  me  to  l)e  at  once  the 
most  horrible  and  the  most  natural  results  of  slavery.  When  I 
SCO  the  order  of  nature  overthrown,  and  when  I  hear  the  cry  of 
humanity  in  its  vain  struggle  against  the  laws,  my  indignation 
does  not  light  upon  the  men  of  our  own  time  who  iU'e  tlie  instru- 
ments of  tliese  oiUragcs  ;  but  I  reserve  my  execration  for  those 
who,  after  a  thousand  years  of  freedom,  brought  back  slavery 
into  the  world  once  more. 

VVliatever  may  be  the  efforts  of  the  Americans  of  the  South 
to  maintain  slavery,  they  will  not  always  succeed.  Slavery, 
which  is  now  confined  to  a  single  tract  of  the  civilized  ci>rth, 
which  is  attacked  by  Christianity  as  unjust,  and  by  political 
nconomy  as  prejudicial ;  and  which  is  now  contrasted  with 
democratic  liberties  and  the  information  of  our  age,  cannot  sur- 
vive. l>y  the  choice  of  the  master  or  the  will  of  the  slnve,  it 
will  cease  ;  and  in  either  case  great  calamities  may  be  expected 
to  ensue.  If  liberty  be  refused  to  the  negroes  of  the  South,  they 
will  in  the  end  seize  it  for  themselves  by  force ;  if  it  be  given, 
they  will  ala..,  it  ere  long. 


'■I: 


46 


362 


^ 


WHAT  ARE  THE    CHA^T;ES  IN  FAVOR  OF  THE    DURATION  OF  THE 
AMERICAN  UNION  AND  WHAT  DANGEUS  THREATEN  IT. 


IteM 


> 


In 
t 


i 


iiC' 


1 
'1 


Reasons  for  wliicli  flic  proponderalin;^  force  lies  in  tlin  ?^tates  rallier  than  in  ihr 
Union. — Tlio  Union  will  only  last  as  long  as  all  tin;  Stales  choose  to  hclonfi;  to 
it. — (,'anses  which  tend  to  keep  thcin  united. —  Utility  of  tlio  Union  to  icsi<t 
foreign  eiuMnies.  and  to  jirevent  the  existence  of  foreigners  in  America. — .Nd 
natural  liarriers  hetween  the  several  States. — No  conllicling  interests  to  (li\  idc 
llieni. — Ueciprocal  iiiterc.'sts  of  the  iNorlhern,  Southern,  and  Western  States.-- 
Inlelleetdal  lies  of  union. — Unilbrniily  of  opinions. — Dangers  of  the  Unieii 
resulting  from  the;  dillerent  characters  and  the  passions  of  its  citizens. — C'lianic- 
ter  of  theciti/.eiis  in  liii!  South  and  in  the  North. — The  rapid  growth  of  tlio 
T'nion  one  of  its  greate-t  dangers. —  Progress  of  the  population  to  the  Norili- 
west. — Pow  -r  gravitates  in  the  same  direction. — Passnuis  originating  tVom 
sudden  turns  of  I'ortiiiie. — NVhether  the  existing  (jovennnent  of  the  Union  lends 
to  gain -strength,  or  to  lose  it. — Various  signs  ol' its  decrease. — Internal  improve- 
incuts. — Waste  lands — Indians. — The  Bank. — The  TaritV.— General  Jackson. 

The  maintenance  of  the  existing  institutions  »  f  the  several  States 
dejjends  in  some  measure  upon  the  maintenance  of  tlie  Union 
itself.  It  is  therefore  iniportiuit  in  the  lirst  instance  to  iufniirr 
into  the  probable  f.itc  of  the  T'nion.  One  point  may  indeed  he 
assumed  at  once  ;  if  tla;  j)resent  confederation  were  dissolved,  ii 
appears  to  me  to  he  incontestable  thtit  the  Sttites  of  which  it  i- 
now  compojed  would  not  return  to  their  orifiinal  isolated  condi- 
tion ;  but  tliat  several  Unions  would  then  be  formed  in  thepbicc 
of  one.  It  is  not  my  intention  to  imjuirt"  into  the  principles  upon 
which  these  new  I  nions  would  probtddy  be  est:d)lished,  Inii 
merely  to  sliow  what  the  causes  are  w  hich  may  edect  the  disuieiii- 
berment  of  the  existing  confederation. 

With  this  object  1  shall  be  obliged  to  retrace  some  of  the 
steps  which  i  have  already  taken,  and  to  rev(Tt  to  topics  wliicli 
I  have  before  discussed.  I  am  aware  thtit  the  reader  may  tuciiM- 
me  of  repetition,  but  the  imj)ortance  of  the  matter  which  still 
remains  to  be  treated  is  my  excuse  ;  1  had  ntther  say  too  miKli, 
than  say  too  little  to  be  thoroughly  understood,  and  1  prefer  in- 
juring the  author  to  slighting  the  subject. 

The  legislators  who  Ibrmed  the  Constitution  of  1780,  endeav- 
ored to  confer  a  distinct  and  preponderating  authority  upon  the 
Federal  power.  But  they  were  confined  by  the  conditions  of 
the  task  whicii  they  had  underttikeii  to  perform.  They  were  not 
appointed  to  constitute  the  government  of  a  single  peo})le,  but 


363 


RATION  OF  THE 
EATEN  IT. 

>s  nillier  tlian  in  llic 
cliooso  to  licloii!,'  to 
tho  Vnion  U>  ye^\<\. 
IS  ill  Aniericii. — No 
fr  iiilerosts  to  ilividi" 
(IWestcni  i^liUfs.-- 
iiiriMS  of  the  Inioii 
l.-Tciti/.eii!".— (-li:ii"ic- 
I'iiliid  ^M'owtli  of  tlie 
iliitioii  to  tilt!  Noilli- 
lis  oriitliKitiiig  tVniii 
It  oftlit'  rnloiiloiids 
..— ll1tlM•lllllilnl)rove• 
— Ciciieial  Jackson. 

he  several  t^tatrs; 

ce  of  tlie  Union 

stance  to  inquiir 

\t  may  indeed  he 

^vere  dissolved,  ii 

s  of  which  it  \< 

I  isolated  conili- 

nied  in  the  ])l;u(> 

>  pnnci',)les  upon 

estahhsiied,  bill 

llect  the  disniein- 

lee  some  of  the 
t  to  topics  \\\w\\ 
eader  may  accuse 
natter  which  still 
ler  say  too  nuidi, 

,  and  1  prefer  iu- 

<>f  1789,  cndcav- 
uthority  upon  the 
tlie  conditions  ol 
They  were  not 
ingle  people,  but 


to  regulate  tiie  association  of  several  States ;  and,  whatever  their 
inclinations  might  he,  they  could  not  but  divide  the  exercise  of 
sovereignty  in  the  end. 

In  order  to  understand  the  consequences  of  this  division,  it  is 
necessary  to  make  a  short  distinction  between  the  affairs  of  the 
(lovernment.  Tiicre  are  some  ohjects  which  are  national  by 
their  very  nature,  tiiat  is  to  say,  which  aHcct  the  nation  as  a  body, 
and  can  only  be  entrusted  to  the  man  or  the  assembly  of  men 
who  most  completely  represent  the  entire  nation.  Amongst 
these  may  be  reckoned  war  and  dijilomacy.  'JMiere  are  other 
objects  which  arc  provincial  by  their  very  nature,  that  is  to  say, 
which  only  aflect  certain  localities,  and  which  can  only  be  pro- 
perly treated  in  that  locality.  Such,  for  instance,  is  the  budget 
of  municipality.  Lastly,  there  are  certain  objects  of  a  mixed 
nature,  which  are  national  in  as  much  as  they  aflect  all  the  citi- 
zens who  compose  the  nation,  and  which  are  provincial  in  as 
much  as  it  is  not  necessary  that  the  nation  itself  should  provide 
for  them  all.  Such  are  the  rights  which  regulate  the  civil  and 
political  condition  of  the  citizens.  No  society  can  exist  widunit 
civil  and  |)olitical  ritihts.  These  rights  therefore  interest  all  the 
citizens  alike;  but  it  is  not  always  necessary  to  the  existence  and 
the  prosperity  of  the  nation  that  these  rights  should  be  uniform, 
nor,  consequently,  that  they  should  be  regulated  hy  the  central 
authority. 

There  are,  then,  two  distinct  categories  of  objects  which  are 
submitted  to  the  direction  of  the  soven^ign  power ;  and  these 
categories  occur  in  all  well-constituted  connnunitles,  whatever  the 
basis  of  the  political  constitution  may  otherwise  he.  iietween 
these  two  extremes,  the  objects  which  1  have  termed  mixed  mav 
1)0  considered  to  lie.  As  tiu>e  objects  are  neither  exclusively 
uational  nor  entirely  provincial,  they  may  be  attained  by  a  na- 
lioiud  or  by  a  provincial  go>('rnnient,  according  to  the  ai;ree- 
ment  of  the  contracting  ])arties,  without  in  any  way  impairing 
the  contract  of  association. 

The  sovereign  |)ower  is  usually  formed  by  the  union  of  sepa- 
rate individuals,  vtho  compose  a  people  ;  and  individiud  po\\ers 
or  collective  iinres,  each  re|)resenting  a  very  small  portion  of 
the  sovereign  authority,  are  the  sole  elenu>nts  which  are  subject- 
ed to  the  general  (Jovernnient  of  tluir  choice.  In  this  case  the 
jreneral  (lovernment  is  more  naturally  cidled  upon  to  retiulate, 
not  only  those  all'airs  which  are  of  essential  national  importance, 
but  those  which  are  of  a  more  local  interest  ;  and  the  local  gov- 


■I 

I 

•t 


V 


«i,it 


»*I        1 


III', 
I*' 
I 

I' 


I' 
a 


364 

ernments  are  reduced  to  that  small  sliure  of  sovereign  authority 
which  is  indispensahle  to  their  prosperity. 

But  sometimes  the  sovereign  autiiority  is  composed  of  pre-or- 
gani/ed  political  bodies,  by  virtue  of  circumstances  anterior  to 
tlieir  union  ;  and  in  this  case  the  provincial  ( lovernnients  as- 
sume the  control,  not  only  of  those  aflairs  which  more  peculiarly 
belong  to  their  province,  but  of  all,  or  of  a  part  of  the  mixed 
afliiirs  to  which  allusion  has  been  made.  For  the  confederate 
nations  which  were  independent  soverrign  States  belbre  llieir 
union,  and  which  still  represent  a  very  considerable  share  of  the 
sovereign  power,  have  only  consented  to  cede  to  the  general 
(lovernment  the  exercises  of  those  rights  which  are  indispensa- 
ble to  the  I  nion. 

^^  hen  the  National  Covernment,  in(lej)endently  of  the  prero- 
gatives inherent  in  its  nature,  is  investeil  witli  the  right  of  regu- 
lating the  affairs  w  hich  relate  partly  to  the  general  and  partly  to 
tiie  local  interests,  it  possesses  a  preponderating  influence.  Not 
only  are  its  own  rights  extensive,  but  all  the  rights  which  it  does 
not  possess  exist  by  its  sulferance,  and  it  may  be  aj)prehended 
that  tile  j)rovisiona!  ^jovernmeiits  may  be  dej)rived  of  their  na- 
tural and  necessary  prerogatives  by  its  influence. 

When,  on  tiie  other  hand,  the  provincial  (Jovernments  are  in- 
vested with  the  power  of  regulating  those  same  affairs  of  mixed  In- 
terest, an  oj)posite  tendency  jirevails  in  society.  The  preponder- 
ating force  resides  in  the  })rovince,  not  in  the  nation ;  and  it  may 
be  aiiprcliended  that  the  National  (iovernment  may  in  the  end 
be  stripped  of  the  privileges  which  .ire  necessary  to  its  existence. 
Indejiendent  nations  have  therefore  a  natural  tendency  to  cen- 
tralization, and  confederations  to  dismemberment. 

It  now  only  remains  l()r  us  to  apply  these  general  j)rinciplos 
to  the  American  l.iiion.  The  several  States  were  necessarilv 
possessed  of  the  right  of  regulating  all  exclusively  pi'ovinciid 
affairs.  INIoreover  these  same  States  retained  the  rights  of  de- 
termii:ing  the  civil  and  ])olitieal  competency  of  the  citizens,  or 
regulating  the  recij)rocal  relations  of  the  niembers  of  the  coni- 
niunity,  and  of  dispensing  justice  ;  rights  which  are  of  a  general 
nature,  but  which  do  not  necessarily  appertain  to  the  nationid 
government.  We  have  shown  that  the  (iovernment"  of  the 
Union  is  invested  with  the  j)ower  of  aeting  in  the  name  of  the 
whole  nation,  in  those  cases  in  which  the  nation  has  to  apjjeiras 
a  sijigle  and  undivided  j)o\ver  ;  as,  fi)r  instance,  in  foreign  rela- 
tions, and  in  olleriug  a  common  resistance  to  a  common  enemy ; 


365 


in  short,  in  conducting  those  affairs  which  I  have  styled  exclu- 
sively national. 

In  this  division  of  the  rifi;hts  of  sovereip^nty,  the  share  of  the 
Union  seems  at  first  sij^ht  to  be  more  considerable  than  that  of 
the  tStates  ;  but  a  more  attentive  investigation  shows  it  to  be  less 
so.  The  undertaking's  of  the  Government  of  the  Union  are 
more  vast,  but  their  iniluence  is  more  rarely  felt.  Those  of  the 
provincial  (Jovernments  are  comparatively  small,  but  they  are 
incessant,  and  they  serve  to  keep  alive  the  authority  which  they 
represent.  The  Clovernment  of  the  Union  watches  the  general 
interests  of  the  country ;  but  the  general  interests  of  a  people 
have  a  very  questionable  influence  upon  individual  happiness; 
whilst  provincial  interests  produce  a  most  immediate  eflect  upon 
the  welfare  of  the  inhabitants.  The  Union  secures  the  inde- 
pendence and  the  greatness  of  the  nation,  which  do  not  immedi- 
ately aflect  private  citizens ;  but  the  several  States  maintain  the 
liberty,  regulate  the  rights,  protect  the  fortune,  and  secure 
tiie  life  and  the  whole  future  |)rosperity  of  every  citizen. 

The   Federal   (Jovernment  is  very  far  removed  from  its  sub- 
jects, whilst  the  provincial  (lovernments  are  within  the  reach  of 
diem  all,  and  are  ready  to  attend  to  the  smallest  appeal.     The 
central  CJovernment  has  upon  its  side  tlie  passions  of  a  few  su- 
perior men  who  aspire  to  conduct  it ;  but  upon  the  side  of  the 
proviiuial  Covenmients  are  the  interests  of  all  those  second-rate 
individuals  who  can  only  hope  to  obtain  ])ower  within  their  own 
State,  and  who  nevertheless  exercise  the  largest  share  of  author- 
ity over  the  people  because  they  are  placed  nearest  to  its  level. 
The  Americans  have  therefore  nuicli  more  to  hope  and  to  fear 
from  the  States  than  from  the  l^nion ;  and,  m  conformity  with 
the  natural  terulency  of  the  human  mind,  they  are  more  likely  to 
attach  themselves  to  the  former  than  to  die  latter.     In  diis  re- 
spect their  habits  and  feelings  harmonize  widi  their  interests. 

When  a  compact  nation  divides  its  sovereignty,  and  adopts  a 
confederate  form  of  government,  the  traditions,  the  customs,  and 
the  manners  of  the  people  are  for  a  long  time  at  variance  with 
their  legislation ;  and  the  former  tend  to  give  a  degree  of  influ- 
ence to  the  central  government  which  the  latter  forbids.  When 
a  number  of  confederate  States  unite  to  form  a  single  nation,  the 
same  causes  operate  in  an  opposite  direction.  I  have  no  doubt 
that  if  France  were  to  become  a  confederate  republic  like  that 
of  the  United  States,  the  Government  would  at  first  display  more 
energy  than  that  of  the  Union;  and  if  the  Union  were  to  alter 


:-l 


366 


1 


t 


"i'\ 


{ 


kH'' 


Ij 

J 
1 


its  constitution  to  a  monarcliy  like  that  of  France,  I  think  that 
the  American  Government  would  be  a  long  time  in  aecjuiring 
the  force  which  now  rules  the  latter  nation.  When  the  national 
existence  of  the  Anglo-Americans  began,  their  j)rovincial  ex- 
istence was  already  of  long  stiniding ;  necessary  relations  were 
established  between  the  townships  and  the  individual  citizens  of 
the  same  States  ;  and  they  were  accustomed  to  consider  some 
objects  as  common  to  them  all,  and  to  conduct  other  ail'airs  as 
exclusively  relating  to  their  own  special  interests. 

The  Union  is  a  vast  body  which  presents  no  definite  object 
to  patriotic  feeling.  The  forms  and  limits  of  the  State  are  dis- 
tinct and  circumscribed  ;  since  it  represents  a  certain  nmnber  of 
objects  which  are  familiar  to  the  citizens  and  beloved  by  all.  It 
is  identified  with  the  very  soil,  with  the  right  of  property  and 
the  domestic  aflections,  with  the  recollections  of  the  past,  the 
labors  of  the  present,  and  the  hopes  of  the  future.  Patriotism, 
then,  which  is  frequently  a  mere  extension  of  individual  egotism, 
is  still  directed  to  the  State,  and  is  not  excited  by  the  Union. 
Thus  the  tendency  of  the  interests,  the  habits,  and  the  feelings 
of  the  j)eople  is  to  centre  political  activity  in  the  States,  in  pref- 
erence to  the  Union. 

It  is  easy  to  estimate  the  dillbrent  forces  of  the  two  govern- 
ments, by  remarking  the  manner  in  which  they  fidlill  their  re- 
spective functions.  Whenever  the  (lovernment  of  a  StiUe  has 
occasion  to  address  an  individual  or  an  assembly  of  individ- 
uals, its  language  is  clear  and  imperative  ;  and  such  is  also  tiie 
tone  of  the  Federal  (jovernment  in  its  intercourse  with  individu- 
als ;  but  no  sooner  has  it  anything  to  do  with  a  State,  than  it 
begins  to  parley,  to  explain  its  motives  and  to  justify  its  conduct, 
to  argue,  to  advise  and  in  short  anything  but  to  connnand.  If 
doubts  are  raised  as  to  the  limits  of  the  constitutional  powers  of 
each  (Jovernment,  the  provincial  (Jovermnent  prefers  its  claim 
with  boldness,  and  takes  prompt  and  energetic  steps  to  support 
it.  In  the  mean  while  the  (Jovernment  of  the  Union  reasons,  it 
appeals  to  the  interests,  to  the  good  sense,  to  the  glory  of  the 
nation  ;  it  temporizes,  it  negotiates,  and  does  not  consent  to  act 
until  it  is  reduced  to  the  last  extremity.  At  first  sight  it  might 
readily  be  imagined  that  it  is  the  provincial  (lovernment  which  is 
armed  with  the  authority  of  the  nation,  and  that  Congress  repre- 
sents a  single  State. 

The  Federal  (Jovernment  is,  therefore,  notwithstanding  the 
precautions  of  those  who  founded  it,  naturally  so  weak,  that  it 


367 


moro  peculiarly  requires  the  I'rec  consent  of  the  p^overned  to  ena- 
ble it  to  subsist.  It  is  easy  to  perceive  that  its  object  is  to  enable 
the  States  to  realize  uith  facility  their  determination  of  remaining 
r.nited  ;  and,  as  lontj;  as  this  preliminary  condition  exists,  its  au- 
thority is  jj:;reat,  t(  nipcratf,  and  ed'cctive.  The  Constitution  fits 
the  (lovernment  to  control  in<lividnals,  and  easily  to  surmount 
such  obstacles  as  they  may  be  inclined  to  od'er,  but  it  was  by  no 
means  established  with  a  view  to  the  |)ossiblc  separation  of  one 
or  more  of  the  States  from  die  Union. 

If  the  sovereignty  of  the  Union  were  to  en^ac^e  in  a  struggle 
with  that  of  the  States,  at  the  present  day,  its  de(eat  may  be  con- 
fidently jsredicted  ;  and  it  is  not  probable  that  such  a  struggle 
would  be  seriously  undertaken.  As  often  as  a  steady  resistance 
is  odi  red  to  the  h'ederal  (lovermnent  it  will  l)e  found  to  yield. 
Iv\p<^rience  has  hitherto  shown  that  whenever  a  State  has  de- 
manded iunthing  with  ))erseverauce  and  resolution,  it  has  inva- 
riabl',  succeerled ;  and  that  if  a  separate  (lovernment  has  dis- 
tinctly refus«'d  to  act,  it  was  left  to  do  as  it  thought  fit.* 

-But  even  if  Hie  (iovernment  of  the  Union  had  any  strength 
inherent  in  itself,  the  physical  situation  of  the  country  would 
render  the  (wercise  of  that  strength  very  dillicult.t  'I'he  United 
StaU's  cover  an  immense  territory  ;  tln^y  are  separated  from  each 
other  by  great  distances  ;  and  the  population  is  dissenfmated 
over  the  sm-face  ol'a  coimtry  which  is  still  half  a  wilderness.  If 
the  Union  were  to  undertake  to  enforce  the  allegiance  of  the 
confederate  States  by  military  means,  it  would  be  in  a  position 
very  analogous  to  that  of  Kngland  at  the  time  of  the  VV  ar  of 
lnde|)endence. 

However  strong  a  government  may  be,  it  cannot  easily  escape 
from  the  consequence  s  of  a  principle  which  it  has  once  admitted 
as  the  foundation  of  its  constitution.  The  Union  was  formed  by 
the  vohnuary  agreement  of  the  States  ;  and,  in  uniting  together, 
they  have  not  forli'iU'd  their  nationality,  nor  have  they  been  re- 
duced to  the  condition  of  one  and  the  same  peoj)le.  If  one  of 
the  Stat«>s  chose  to  withdraw  its  name  from  the  contract,  it  would 
be  difiicnlt  to  disprove  its  right  of  doing  so  ;  and  the  Federal 
(lovernment  would  have  no  means  of  maintaining  its  claims 
directly,  either  by  force  or  by  right.     In  order  to  enable  the 

*  St>c  tilt!  cniidiict  of  the  Northern  States  in  the  war  of  1S12.  "  During  that 
war,"  says  JctVcrson  in  a  letter  to  (ieneral  Lafayette,  "  four  of  tiie  Eastern  States 
were  only  aUaelied  to  the  Union,  like  so  many  inanimate  hoclies  to  livnig  men. 

t  Tho  profound  peace  of  the  Union  affords  no  pretext  for  a  standuig  army  ; 
and  without  a  standing  army  a  Government  is  not  prepared  to  profit  by  a  layorable 
opportunity  to  conquer  resistance,  and  take  the  sovereign  power  by  snrprise. 


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Federal  Ciovernment  easily  to  conquer  the  losistanco  wliicli  may 
be  ofl'ered  to  it  by  any  one  of  its  subjects;  it  nouhl  be  neces- 
sary that  one  or  more  of  them  should  be  specially  interested  in 
the  exihtcnce  of  the  Union,  as  has  frequently  been  the  case  in  the 
history  of  confederations. 

If  it  be  supposed  that  amoncijst  the  States  which  are  united  by 
the  Federal  tie,  there  arc  some  which  exclusively  enjoy  the  prin- 
cipal advantages  of  union,  or  whose  prosperity  depends  on  the 
duration  of  that  union,  it  is  unquestionable  that  they  will  always 
be  ready  to  support  the  central  (Jovernment  in  enforcing'  the  obe- 
dience of  the  others.  But  die  (lovernment  would  then  be  exert- 
ing a  force  not  derived  from  itself,  but  from  a  j)rinciple  contrary 
to  its  nature.  States  form  confederations  in  order  to  derive 
equal  advantages  from  their  union  ;  and  in  die  case  just  alluded 
to,  the  Kederal  Government  would  derive  its  power  from  the 
unequal  distribution  of  those  benefits  amongst  the  States. 

If  one  of  the  confederate  States  have  acquired  a  j)rci)onderance 
sufficiently  great  to  enable  it  to  take  exclusive  possession  of  the 
central  authority,  it  will  consider  the  other  States  as  subject  ])rov- 
inces,  and  it  will  cause  its  own  supremacy  to  be  respected  under 
the  borrowed  name  of  the  sovereignty  of  the  Union.  (Jreat 
things  may  dicn  be  done  in  the  name  of  the  Federal  Coverii- 
ment,  but  in  reality  that  (iovernment  will  have  ceased  to  exist.* 
In  bodi  those  cases,  the  j)owcr  which  acts  in  the  name  of  the 
confederation  becomes  stronger,  the  more  it  abandons  the  natu- 
ral state  and  the  acknowledged  principles  of  confederations. 

In  America  the  existing  Union  is  advantageous  to  all  the 
States,  but  it  is  not  indispensable  to  any  one  of  them.  Several 
of  them  might  break  the  Federal  tie  without  com])romising  the 
welfare  of  the  others,  although  their  own  prosperity  would  be 
lessened.  As  the  existence  and  the  hap{)iness  of  none  of  the 
States  are  wholly  dependent  on  the  present  Constitution,  they 
would  none  of  them  be  disposed  to  make  great  personal  sacri- 
fices to  maintain  it.  On  the  other  hand,  there  is  no  State  which 
seems,  hitherto,  to  have  its  ambition  much  interested  in  die 
maintenance  of  the  existing  Union.  They  certainly  do  not  all 
exercise  the  same  influence  in  the  Federal  Councils,  but  no  one 
of  them  can  hope  to  domineer  over  the  rest,  or  to  treat  them  as 
its  inferiors  or  as  its  subjects. 

"  Thus  the  province  of  Holland  in  the  republic  of  the  Low  Countries,  and  the 
Emperor  in  the  Germanic  Confederation  have  sometimes  put  themselves  in  the 
place  of  the  union,  and  have  employed  the  Federal  authority  to  their  own 
advantage. 


3G9 

It  appears  to  me  unqnrsllonablc,  that  if  any  portion  of  t/jo 
Union  seriously  drsirod  lo  separate  itself  from  tlie  other  States, 
they  woiihl  not  he  ahh',  nor  indeed  woidd  they  attempt,  to  pre- 
vent it ;  and  that  the  |)resent  Union  will  only  last  as  lonif  as  the 
States  uhieh  compose  it  ehoose  to  eontinue  memhers  of  the  eon- 
fc'deration.  if  this  point  he  adnjilted,  the  (piestion  heeomes  less 
(jidienlt ;  and  om-  ohject  is  not  to  incpiire  whether  the  States  of 
the  existinj:,-  Union  are  eapalde  of  separatini^,  but  whether  they 
will  ehoose  to  remain  united. 

Amongst  the  various  reasons  whieh  tend  to  render  the  existinij 
Union  usefid  to  the  Amerirans,  two  principal  causes  are  pecu- 
liarly evident  to  the  observer.  Allhou,L;h  the  Americans  are,  as 
it  were,  idone  upon  their  continent,  their  i-omnierce  makes  them 
the  neighhors  of  all  the  nations  with  which  they  trade.  Notwith- 
slandini;  their  aj)parent  isolation,  the  Americans  reipiire  a  certain 
(k'uree  of  strength,  n  Inch  (hey  cannot  retain  otherwise  than  by 
reniaininu-  imited  to  each  other.  If  the  Slates  were  to  split,  they 
woidd  not  only  diminish  the  strength  w  hich  they  are  now  able  to 
display  towards  foreign  nations,  but  they  would  soon  create  for- 
eign jjowers  upr)n  their  own  territory.  A  system  of  inland  cus- 
toiu-houses  would  then  l)e  established  ;  the  valleys  would  be 
divided  by  imaginary  boimdary-lines  ;  th(>  courses  of  the  rivers 
Mould  be  contined  by  territorial  distinctioiis  ;  and  a  multitude  of 
Iiiiidrances  woidd  ])revent  the  Americans  frc.m  (wploring  the 
nliole  of  that  vast  continent  which  ProNidence  has  allotted  to 
tlieni  for  a  dominion.  vVt  present  they  have  no  invasion  to  fear, 
and  consequently  no  standing  armies  to  maintain,  no  taxes  to 
levy.  If  the  Union  were  dissolved,  all  these  burdensome  meas- 
ures might  ere  long-  be  required.  'J'he  Americans  are  then  V(ny 
powerfully  interested  in  the  maintenance  of  their  Union.  On 
the  other  hand,  it  is  almost  impossible  to  discover  any  sort  of 
material  interest  which  might  at  pres(Mit  tem])t  a  })urtion  of  the 
Union  to  separate  from  the  other  States. 

When  we  cast  our  eyes  ujion  the  map  of  the  United  States, 
wo  perceive  the  chain  of  the  Alleghany  mountains,  rmniin<y 
from  the  north-east  to  the  south-west,  and  crossing  nearly  one 
tliousand  miles  of  country  ;  and  we  are  led  to  imagine  that  the 
design  of  Providence  was  to  raise,  between  the  valley  of  the 
Mississippi  antl  the  coasts  of  the  Atlantic  Ocean,  one  of  those 
natural  barriers  which  break  the  mutual  intercourse  of  men,  and 
form  the  necessary  limits  of  diderent  States.  But  the  average 
height  of  the  Alleghanies  does  not  exceed  2,500  feet ;  their 
greatest  elevation  is  not  above  4,000  feet ;  their  rounded  sum- 

47 


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mits,  and  the  spacious  valleys  which  they  conceal  \vithin  their 
passes,  are  of  easy  access  from  several  sides.  Besides  which, 
the  principal  rivers  which  fall  into  the  Atlantic  Ocean,  the 
Hudson,  the  Susquehannah,  and  the  Potomac,  take  their  rise 
beyond  the  Alleghanies,  in  an  open  district,  which  borders  upon 
the  vadey  of  the  Mississippi.  These  streams  quit  this  tract  of 
country*,  make  their  way  through  the  barrier  which  would  seem 
to  turn  them  westward,  and  as  they  wind  through  the  mountains, 
they  open  an  easy  and  natural  passage  t    man. 

No  natural  barrier  exists  in  the  regions  which  are  now  inhab- 
ited by  the  Anglo-Americans  ;  the  AUeghanies  are  so  far  from 
serving  as  a  boundary  to  separate  nations,  that  they  do  not  even 
serve  as  a  frontier  to  the  States.  New  York,  Pennsylvania, 
and  Virginia  comprise  them  within  their  borders,  and  extend  as 
much  to  the  west  as  to  the  east  of  the  line. 

The  territory  now  occupied  by  the  twenty-four  States  of  the 
Union,  and  the  three  great  districts  which  have  not  yet  ac- 
quired the  rank  of  States,  although  they  already  contain  in- 
habitants, covers  a  surface  of  1,002, COO  square  miles, f,  which 
is  about  equal  to  five  times  the  extent  of  France.  Within  these 
limits  the  qualities  of  the  soil,  the  temperature,  and  the  produce 
of  the  country,  are  extremely  various.  The  vast  extent  of  ter- 
ritory occupied  by  the  Anglo-American  republics  has  given 
rise  to  doubts  as  to  the  maintenance  of  their  Union.  Here  a 
distinction  must  be  made  ;  contrary  interests  sometimes  arise 
*  1  the  dirt'erent  provinces  of^  a  vast  empire,  which  often  termi- 
nate in  open  dissensions ;  and  the  extent  of  the  country  is  then 
most  prejudicial  to  the  power  of  the  State.  But  if  the  iidiahit- 
ants  of  these  vast  regions  are  not  divided  by  contrary  interests, 
the  extent  of  the  territory  may  be  favorable  to  their  prosperity ; 
for  the  unity  of  the  Government  promotes  the  interchange  of  the 
dillerent  productions  of  the  soil,  and  increases  their  value  by 
facilitating  their  consum{)tion. 

It  is  indeed  easy  to  discover  different  interests  in  the  didcrent 
parts  of  the  Union,  but  I  am  unacquainted  with  any  which  are 
hostile  to  each  other.  The  Southern  States  are  almost  exclu- 
sively agricultural  :  the  Northern  States  are  more  peculiarly 
commercial  and  manufacturing :  the  States  of  the  ^Vest  arc  at 
the  same  time  agricultural  and  manufacturing.     In  the  South 

*  Sec  Darby's  View  of  tlie  riiitod  States,  pp.  04  and  79. 

t  See  Darby's  View  of  the  Ignited  States,  p.  A'.ib.  [In  Carey  and  Lea's  fii>o- 
graphy  of  America,  the  United  States  are  said  to  form  an  area  of  2,070,400  stiuaie 
mAes,— Translator's  Note.'] 


371 


the  crops  consist  of  tobacco,  of  rice,  of  cotton,  and  of  sugar  ; 
in  tlie  North  and  the  West,  of  wheat  and  maize  :.  these  are  dif- 
ferent sources  of  wealth  ;  but  union  is  the  means  by  which 
these  sources  are  opened  to  all,  and  rendered  equally  advanta- 
geous to  the  several  districts. 

Tlie  North,  which  ships  the  produce  of  the  Anglo-Americans 
to  all  parts  of  the  world,  and  brings  back  the  produce  of  the 
globe  to  the  Union,  is  evidently  interested  in  maintaining  the 
confederation  in  its  present  condition,  in  order  that  the  number 
of  American  producers  and  consumers  may  remain  as  large  as 
possible.  The  North  is  the  most  natural  agent  of  communica- 
cation  between  the  South  and  the  West  of  the  Union  on  the 
one  hand,  and  the  rest  of  the  world  upon  the  other  ;  the  North 
is  therefore  interested  in  the  union  and  prosperity  of  the  South 
and  the  West,  in  order  that  they  may  continue  to  furnish  raw 
materials  for  its  manufactures,  and  cargoes  for  its  shipping. 

The  South  and  the  West,  on  their  side,  are  still  more  directly 
interested  in  the  preservation  of  the  Union,  and  the  prosperity 
of  the  North.  The  produce  of  the  South  is  for  the  most  part 
exported  beyond  seas  ;  the  South  and  the  West  consequently 
stand  in  need  of  the  commercial  resources  of  the  North.  They 
are  likewise  interested  in  the  maintenance  of  a  powerful  fleet 
by  the  Union,  to  protect  them  eilicaciously.  The  South  and 
the  West  have  no  vessels,  but  they  cannot  refuse  a  willing  sub- 
sidy to  defray  the  expenses  of  the  navj  ;  for  if  the  fleets  of 
Kiuope  were  to  blockade  the  ports  of  the  South  and  the  delta 
of  the  Mississippi,  what  would  become  of  the  rice  of  the  Caro- 
linas,  the  tobacco  of  Virginia,  and  the  sugar  and  cotton  which 
firow  in  the  valley  of  the  Mississippi  ?  Every  portion  of  the 
Federal  budget  does  therefore  contribute  to  the  maintenance  of 
material  interests  which  arc  common  to  all  the  confederate 
States. 

Independently  of  this  commercial  utility,  the  South  and  the 
West  of  the  Union  derive  great  political  advantages  from  their 
connexion  with  the  North.  The  South  contains  an  enormous 
slave  population  ;  a  population  which  is  already  alarming,  and 
still  more  formidable  lor  the  future.  The  States  of  the  West 
lie  in  the  remoter  parts  of  a  single  valley  ;  and  all  the  rivers 
which  intersect  their  territory  rise  in  the  Kocky  ^Fountains  or 
in  the  Alleghanies,  and  fall  into  the  INFississippl,  which  bears 
tlioni  onwards  to  tlie  ( Jidfof  Mexico.  The  Western  States  are 
consequently  entirely  cut  oil,  by  t'neir  position,  from  the  tradi- 
tions of  Europe  and  the  civilization  of  the  Old  World.     The 


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inhabitants  of  the  South,  then,  are  induced  to  support  the  Union 
in  order  to  avail  themselves  of  its  protection  against  the 
Blacks  ;  and  the  inhabitants  of  the  West,  in  order  not  to  be 
excluded  from  a  free  communication  with  the  rest  of  the  globe, 
and  shut  up  in  the  wilds  of  central  America.  The  North  can- 
not but  desire  the  maintenance  of  the  Union,  in  order  to  re- 
main, as  it  now  is,  the  connecting  link  between  that  vast  body 
and  the  other  parts  of  the  world. 

The  temporal  interests  of  all  the  several  parts  of  the  Union 
are,  then,  intimately  connected  ;  and  the  same  assertion  holds 
true  respecting  those  opinions  and  sentiments  which  may  be 
termed  the  immaterial  interests  of  men. 

The  inhabitants  of  the  United  States  talk  a  great  deal  of 
their  attachment  to  their  country  ;  but  1  confess  that  I  do  not 
rely  upon  that  calculating  patriotism  which  is  founded  upon 
interest,  and  which  a  change  in  the  interests  at  stake  may  oblit- 
erate. Nor  do  I  attach  much  importance  to  the  language  of 
the  Americans,  when  they  manifest,  in  their  daily  conversation, 
the  intention  of  maintaining  the  Federal  system  adopted  by 
their  forefathers.  A  government  retains  its  sway  over  a  great 
number  of  citizens,  far  less  by  the  voluntar}'  and  rational  con- 
sent of  the  multitude,  than  by  that  instinctive,  and  to  a  certain 
extent  involuntary  agreement,  which  results  Irom  similarity  of 
feelings  and  resemblances  of  opinion,  I  will  never  admit  that 
men  constitute  a  social  body,  simply  because  they  obey  the 
same  head  and  the  same  laws.  Society  can  only  exist  when  a 
great  number  of  men  consider  a  great  number  of  things  in  the 
same  j^oint  of  view  ;  when  they  bold  the  same  opinions  upon 
many  subjects,  and  when  the  same  occurrences  suggest  the 
same  tiioughts  and  impressions  to  their  minds. 

The  observer  who  examines  the  present  condition  of  the  1  ni- 
ted  States  upon  thk,  princij)le,  will  readily  discover,  that  al- 
though the  citizens  arc  divided  into  twenty-four  distinct  sovoi- 
eignties,  they  nevertheless  constitute  a  single  peo|)le  ;  and  he 
may  perhaps  be  led  to  think  that  the  state  of  the  Anglo-Ame- 
rican Union  is  moretrnh'  a  state  of  society,  than  that  of  certain 
nations  of  Europe  which  live  under  the  same  legislation  anil 
die  same  j)rince. 

Although  the  Anglo-Americans  have  several  religious  sects, 
they  all  regard  religion  in  the  same  manner.  They  are  not 
always  agreed  upon  the  mcasutes  which  are  most  conducive  1o 
good  government,  and  they  vary  upon  some  of  the  forms  of 
government  which  it  is  expedient  to  adopt ;  but  they  are  unan- 


373 

imous  upon  the  general  principles  which  ought  to  rule  human 
society.  From  Maine  to  the  Floridas,  and  from  the  Missouri  to 
the  Atlantic  Ocean,  the  people  is  held  to  be  the  legitimate 
source  of  all  power.  'JMie  same  notions  are  entertained  respect- 
ing liberty  and  equality,  the  liberty  of  the  press,  the  right  of 
association,  the  jury,  and  the  responsibility  of  the  agents  of 
Government. 

If  we  turn  from  their  political  and  religious  opinions  to  the 
moral  and  philosophical  principles  which  regulate  the  daily  ac- 
tions of  life,  and  govern  their  conduct,  we  shall  still  find  the 
same   uniformity.     The   Anglo-Americans*   acknowledge  the 
absolute  moral    authority  of  the  reason  of  the  community,  as 
they  acUnovvledge  tlie  political  authority  of  the  mass  of  citizens  ; 
and  they  hold   that  public  opinion  is  the  surest  arbiter  of  what 
is  lawful  or  forbidden,  true  or  false."     The  majority  of  them  be- 
lieve, that  a  man  will  be  led  to  do  what  is  just  and  good  by  fol- 
lowing his   own  Interests,  rightly  understood.     They  hold  that 
every  man  is  born  in  possession  of  the  right  of  self-government, 
and  that  no  one  has  the  right   of  constraining  his  fellow-crea- 
tures to  be  happy.     They  have  all  a  lively  faith  in  the  perfecti- 
bility of  man  ;  they  are  of  opinion  that  the  ellecls  of  the  difl'u- 
sion  of  knowledge  must  necessarily  be  advantageous,  and  the 
consccjuences  of  ignorance   fatal  ;  they  all  consider  society  as 
a  body  in  a   state  of  improvement,  humanity    as  a   changing 
scene,    in  which   nothing  is,  or  ought  to  be,  permanent ;  and 
they  admit   that  what  appears  to  them    to  be  good  to-day  may 
be  superseded  by  somctlilug  better  to-morrow.     I   do  not  give 
all  these  opinions  as  true,  but  J  quote  them  as  characteristic  of 
the  Americans. 

The  AngK)-Americans  are  not  only  united  together  by  these 
connnon  opinions,  but  they  are  sc[)arated  from  all  oth.er  nations 
by  a  common  fueling  of  pride.  For  the  last  fifty  years  no  pains 
have  been  spared  to  convince  the  inhabitants  of  the  Inlted 
triad's  that  they  constitute  the  only  religious,  enllglitened,  and 
free  people.  They  perceive  that,  lor  the  present,  their  own  de- 
mocratic institutions  succeed,  whilst  those  of  other  countries 
fail;  hence  th(>y  conceive  an  overweening  opinion  of  their  su- 
periority, and  they  are  not  very  remote  from  believing  them- 
selves to  belong  to  a  distinct  race  of  mankind. 


*  It  i'^  sr.iiTcly  tu'ccssiiry  (or  mi'  to  nltsprvo  tliat  by  tlic  exprc-ssion  ,1»y?«-.1m«- 
ricinis,  I  (iiilv  mciiii  to  dt'siiriiiite  tlio  gii'iit  iiiaiority  of  the  iiiitioii ;  for  a  rcrlaiii 
numlicr  oi'isolutod  iiidiviiliials  are  ol'toiuse  to  be  met  with  holding  very  ditlereut 
opinions. 


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The  danj^ers  which  threaten  the  American  Union  do  not  ori- 
ginate in  tlie  diversity  of  interests  or  of  opinions ;  but  in  the 
various  characters  and  passions  of  the  Americans.  The  men 
who  inhabit  the  vast  territory  of  the  United  States  are  ahnost  all 
the  issue  of  a  common  stock  ;  but  the  effects  of  the  climate,  and 
more  especially  of  slavery,  have  gradually  introduced  very  strik- 
ing differences  between  the  British  settler  of  the  Southern  States, 
and  the  British  settler  of  the  North.  In  Europe  it  is  generally 
believed  that  slavery  has  rendered  the  interests  of  one  part  of 
the  Union  contrary  to  those  of  another  part ;  but  I  by  no  means 
remarked  this  to  be  the  case ;  slavery  has  not  created  interests 
in  the  South  contrary  to  those  of  the  North,  but  it  has  modified 
the  character  and  changed  the  habits  of  the  natives  of  the  South. 

I  have  already  explained  the  influence  which  slavery  has  ex- 
ercised upon  the  commercial  ability  of  the  Americans  in  the 
South  ;  and  this  same  influence  equally  extends  to  their  manners. 
The  slave  is  a  servant  who  jiever  remonstrates,  and  who  submits 
to  everything  without  complaiut.  He  may  sometimes  assassi- 
nate, but  he  never  withstands,  his  master.  In  the  South  there 
are  no  families  so  poor  as  not  to  have  slaves.  The  citizen  of 
the  Southern  States  of  the  Union  is  invested  with  a  sort  of  do- 
mestic dictatorship  from  his  earliest  years ;  the  flrst  notion  ho 
acquires  in  hfe  is,  that  he  is  born  to  command,  and  the  first  habit 
which  he  contracts  is  that  of  brine;  obeved  without  resistance. 
His  education  tends,  then,  to  give  hiui  the  character  of  a  sMj)er- 
cihous  and  a  hasty  man  ;  irascible,  violent,  and  ardent  in  his 
desires,  impatient  of  obstacles,  but  easily  discouraged  if  he  can- 
not succeed  upon  iiis  first  attemj)t. 

The  American  of  the  Northern  States  is  surrounded  by  no 
slaves  in  his  childhood  ;  he  is  even  unattended  by  free  servants; 
and  is  usually  obliged  to  {)rovide  for  his  own  wants.  Nt)  sooner 
does  he  enter  the  world  than  the  idea  of  necessity  assails  him  on 
every  side  :  he  soon  learns  to  know  exactly  the  natural  limit  of 
i-is  authority  ;  he  never  expects  to  subdue  those  who  withstand 
him,  by  force;  and  he  knows  that  the  surest  means  of obtaininii' 
the  su])port  of  his  fellow-creatures,  is  to  win  their  favor.  He 
therelbre  becomes  ])atient,  reflecting,  tolerant,  slow  to  act,  and 
persevering  in  his  designs. 

In  the  Southern  States  the  more  immediate  wants  of  life  arc 
always  suj)plied  ;  the  inhabitants  of  those  parts  are  not  busied 
in  the  material  cares  of  li((>,  which  are  always  jjrovided  for  by 
others ;  and  their  imagination  is  diverted  to  n)ore  captivating 
and  less  definite  objects.     The  American  of  tlie  South  is  fond 


ucd  if  he  cau- 


375 

of  grandeur,  luxury,  and  renown,  of  gaiety,  of  pleasure,  and 
above  all  of  idleness ;  nothing  obliges  him  to  exert  himself  in 
order  to  subsist ;  and  as  he  has  no  necessary  occupations,  he 
gives  way  to  indolence,  and  does  not  even  attempt  what  would 
be  usefid. 

But  the  equality  of  fortunes,  and  the  absence  of  slavery  in 
the  North,  plunge  the  inhabitants  in  those  same  cares  of  daily 
life  which  are  disdained  by  the  white  population  of  the  South. 
They  are  taught  from  infancy  to  combat  want ;  and  to  place 
comfort  above  all  the  pleasures  of  the  intellect  or  the  heart. 
The  imagination  is  extinguisherl  by  the  trivial  details  of  hfe ; 
and  the  ideas  become  less  numerous  and  less  general,  but  far 
more  practical  and  more  precise.     As  prosperity  is  the  sole  aim 
of  exertion,  it  is  excellently  well  attained  ;  nature  and  mankind 
are  turned  to  the  best  pecuniary  advantage ;  and  society  is  dex- 
terously made  to  contribute  to  the  welfare  of  each  of  its  mem- 
bers, whilst  individual  egotism  is  the  source  of  general  happiness. 
The  citizen  of  the  North  has  not  only  experience,  but  know- 
ledge :  nevertheless  he  sets  but  little  value  upon  the  pleasures 
of  knowledge  ;  he  esteems  it  as  the  means  of  obtaining  a  certain 
end,  and  he  is  only  anxious  to  seize  its  more  lucrative  applica- 
tions.    The  citizen  of  the  South  is  more  given  to  act  upon  im- 
pulse ;  he  is  more  clever,  more  frank,  more   generous,  more 
intellectual,  and  more   brilliant.     The  former,  with  a  greater 
degree  of  activity,  of  common  sense,  of  information,  and  of  gene- 
ral aptitude,  has  the  characteristic  good  and  evil  qualities  of  the 
middle  classes.     The  latter  has  the  tastes,  the  prejudices,  the 
weaknesses,  and  the  magnanimity  of  all  aristocracies. 

If  two  men  are  united  in  society,  who  have  the  same  interests, 
and  to  a  certain  extent  the  same  opinions,  but  dilferent  charac- 
ters, dillcrent  acquirements,  and  a  dilierent  style  of  civilization, 
it  is  probable  that  these  men  will  not  agree.  The  same  remark 
is  applicable  to  a  society  of  nations. 

Slavery,  then,  docs  not  attack  the  American  Union  directly  in 
its  interests,  but  indirectly  in  its  manners. 

The  States  which  gave  their  assent  to  the  Federal  Contract  in 
1790  were  thirteen  in  number ;  the  Union  now  consists  of  twenty- 
four  members.  The  population  which  amounted  to  nearly  four 
millions  in  1790,  had  more  than  tripled  in  the  spate  of  forty 
years ;  and  in  18t30  it  amounted  to  nearly  thirteen  millions.* 
Changes  of  such  magnitude  cannot  take  place  without  some 
danger. 

•  Census  of  1790 3,029,328. 

1830 12,856,105. 


4 


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1 


376 

A  society  of  iiation!5,  as  >vell  as  a  socloty  of  individuals,  de- 
rives its  prinripal   cliances  of  duration   from  tlio  wisdom  of  its 
members,  tlieir  individual  weakness,  and  tlicir  limited  number. 
The  Americans  who  quit  the  coasts  of  the  Atlantic  Ocean  to 
plung'e  into  the  western  wilderness,  arc  adventurers  impatient  of 
restraint,  p^reedy  of  wealth,  and  frecjuently  men  expelled  from  the 
States  in  which  they  were  born.     When  they  arrive  in  the  deserts, 
they  are  unknown  to  each  other ;  and  they  have  neither  tradi- 
tions, family  feeling",  nor  the  force  of  example  to  check  their  ex- 
cesses,    '{'he  empire  of  the  laws  is  feeble  amongst  them  ;  that  of 
morality  is  still  more  powerless.     The  settlers  ^^  ho  are  constantly 
peopling  the  valley  of  the  .Mississijipi  are,  then,  in  every  respect 
very  inferior  to  the  Americans  who  inhabit  the  older  jiarts  of  the 
Union.     Nevertheless,  they  already  exercise  a  great  inlluence  in 
its  councils;  and  they  arrive  at  the  government  of  the  connnon- 
wealth  before  they  have  learnt  to  govern  themselves.* 

The  g^reater  the  indi\'idual  weakness  of  each  of  the  contract- 
ing parties,  the  g:reater  are  the  chances  of  the  duration  of  the 
contract ;  for  their  safety  is  then  dependent  upon  their  union. 
When,  in  .17{)(),  the  most  poj)ulousof  the  American  republics  did 
not  contain  500,(1(1(1  iiihubitantst,  each  of  them  felt  its  own  insig- 
nificance as  an   independent   ])eople,  and   this    feeling  retulered 
compliance  with  the  Federal   authority  more   easy.      IbU  when 
one  of  the  confederate   States  reckons,  like  the   State  of  Mew 
York,  two  millions  of  inhabitants,  and  covers  an  extent  of  terri- 
tory equal  in  surface   to  a  quarter  of  France, J  it  feels  its   own 
strength  ;  and  although  it  may  contiime  tosupj)ort  the  L  nion  as 
advantagreous  to  its  j)rosperity,  it  no  lonuer  regards  that  body  a? 
necessary  to  its  existence  ;  and,  as  it  continues  to  belong  to  the 
Federal  compact,  it  soon  aims  at  preponderance  in  the  Federal 
assemblies.     The  probable  unanimity  of  the  States  is  diminished 
as  their  number  increases.     At  present  the  interests  of  the  (lifer- 
ent parts  of  the  L'nion  are   not  at  variance ;  but  who  is  able  to 
foresee  the  multifarious  changes  of  the  future,  in  a  country  iu 
w  Inch  towns  are  founded  from  day  to  day,  and  States  almost  from 
year  to  year  ? 

Since  the  first  settlement  of  the  ]^ritish  Colonics,  the  number 
of  inhabitants   has  about  doubled  every   twenty-two  yi^n-s.     1 

*  This  indeed  is  only  ii  temporary  daiigi-r.  I  have  tio  doubt  tliat  in  time  society 
will  assume  as  much  stahiiily  and  regularity  in  tlio  West,  as  it  has  already  done 
upon  the  roast  of  the  Atlantic  Oi'can. 

t  Pennsylvania  contained  41!]  ,157:5  inhabitants  in  17!H). 

I  The  area  of  the  State  of  New- York  is  about  40,000  square  miles.  See 
Carey  and  Lea's  Amcricau  Gcogra^ihy,  p.  142. 


377 


miles.      See 


perceive  no  causes  which  are  likely  to  check  this  progressive 
increase  of  the  Anj^lo- American  population  for  the  next  hundred 
years ;  and  before  that  space  of  time  hus  elapsed,  I  believe  that  the 
territories  and  dependencies  of  the  United  States  will  be  covered 
by  more  than  a  hundred  millions  of  inhabitants,  and  divided  into 
forty  States.*  I  admit  that  these  hundred  millions  of  men  have 
no  hostile  interests  ;  I  suppose,  on  the  contrary,  tliat  they  are  all 
equally  interested  in  the  maintenance  of  the  Union  ;  but  I  am 
slill  of  opinion,  that  where  there  are  a  hundred  millions  of  men, 
and  forty  distinct  nations,  unequally  strong,  the  continuance  of 
the  Federal  Covernment  can  only  be  a  fortunate  accident. 

Whatever  fahh  I  may  have  in  the  perfectibility  of  man,  until 
human  nature  is  altered,  and  men  wholly  transformed,  1  shall 
refuse  to  believe  in  the  duration  of  a  government  which  is  called 
np(»n  tn  hold  together  forty  diflbrent  peoples,  disseminated  over 
a  territory  equal  to  one  half  of  Europe  in  extent ;  to  avoid  all 
rivalry,  ambition,  and  struggles  between  thum  ;  and  to  direct 
their  independent  activity  to  die  accomplishment  of  the  same 
designs. 

]3ut  the  greatest  peril  to  which  the  Union  is  exposed  by  its  in- 
crease, arises  from  the  continual  changes  which  take  place  in  the 
position  of  its  internal  strength.  The  distance  from  Lake  Su- 
perior to  die  GuK  of  Mexico  extends  from  the  47th  to  the  3Uth 
degree  of  latitude,  a  distance  of  more  than  twelve  hundred 
miles,  as  the  bird  Hies.  The  frontier  of  the  United  States  winds 
along  the  whole  of  this  immense  line  ;  sometimes  falling  within 
its  limits,  but  more  frequently  extending  far  beyond  it,  into  the 
waste.  It  has  been  calculated  that  the  whites  advance  every 
year  a  mean  distance  of  seventeen  miles  along  the  whole  of  this 
vast  boundary.f  Obstacles,  such  as  an  unproductive  district,  a 
lake,  or  an  Indian  nation  unexpectedly  encountered,  are  some- 
times met  with.     The  advancing  column  then  halts  for  a  while ; 

*  If  the  population  coiitiimcsto  double  (>vpiy  twenty-twn  y(<ars,  as  it  has  done 
for  the  last  two  hundred  years,  the  number  of  inliabitants  in  the  United  States  in 
]8r)'i  will  be  twenty  millions;  in  1874,  forty-eij^ht  millions;  and  in  18i)l),  ninety- 
six  millions.  This  may  still  be  the  ca.se  even  if  the  lands  on  the  western  slope  of 
the  Rocky  Mountains  should  be  found  to  he  unfit  for  cultivation.  The  territory 
which  is  already  occupied  can  easily  contain  this  number  of  inhabitants.  One 
liutidred  millions  of  men  disseminated  over  the  surface  of  the  twenty-four  States, 
and  the  three  tiependeneies,  which  constitute  the  Union,  would  only  jjive  7()"2  in- 
habitants to  the  H(piare  league;  this  would  be  fir  below  the  mean  population  of 
Trance,  which  is  I, (163  to  the  square  lean;iie;  or  of  England,  which  is  1,457  ;  and  it 
would  even  he  below  the  population  of  Switzerland,  for  that  country,  notwith- 
standing its  lakes  and  mountains,  contains  783  inhabitants  to  the  square  league. 
(See  Mallebrun,  vol.  vi.  p.  92.) 

t  See  Ljgislative  Documents,  20th  Congress,  No.  117,  p.  105. 

48 


378 


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its  two  extremities  fall  back  upon  themselves,  and  as  soon  as  they 
are  re-unitcd  they  proceed  onwards.  This  p^rndual  and  continu- 
ous progress  of  the  P^uropcan  race  towards  the  llocky  ^[oun- 
tains  has  the  solemnity  of  a  providential  event;  it  is  like  a  de- 
luge of  men  rising  unabatedly,  and  daily  driven  onwards  hy  the 
haud  of  God. 

Within  this  first  line  of  conquering  settlers,  towns  are  built, 
and  vast  States  founded.  In  ]7J)()  there  were  only  a  few  thou- 
sand pioneers  sprinkled  along  die  valleys  of  the  ^Mississippi ;  and 
at  the  present  day  these  valleys  contain  as  many  iidial)itants  as 
were  to  be  found  in  the  whole  Union  in  1700.  Their  j)opulation 
amounts  to  nearly  four  millions.*  The  city  of  Washington  was 
foiuided  in  IJ^OO,  in  the  verv_centre  of  the  Tnion ;  but  such  are 
the  changes  which  have  tid^rti  place,  that  it  now  stands  at  our  of 
the  extremities ;  and  the  delegates  of  the  most  remote  Western. 
(Stales  are  already  obliged  to  perform  a  journey  as  long  as  that 
from  A'ienna  tq  I'aris.t 

All  the  States  are  borne  onwards  at  the  same  time  in  die 

path  of  fortune,  but  of  course  they  do  not  all  iucrease  and  pros- 

potin  the  same  proportion.     To  the  North  of  the  Union  the 

jiv/ffetached  branches  of  the  Alleghany  chain,  which  extend  as  far 

"•yas  the  Atlantic  Ocean,  form  spacious  roads  and  ports,  whicii 

^V^y  ■are  constantly  accessible  to  vessels  of  the  greatest  burden.  Ent 

■;!^MK)m  the  Potomac  to  the  mouth  of  the  Mississippi,  the  coast  is 

.  M.       Bandy  and  flat.     In  this  part  of  the  Union  the  mouths  of  almost 

y  >       all  the  rivers  are  obstructed  ;  and  the  few  harbors  which  exist 

amongst  these  lagunes,  afl'ord  much  shallower  water  to  vessels, 

and   much   fewer   commercial   advantages  than  those  of  the 

North. 

This  first  natural  cause  of  inferiority  is  united  to  another 
cause  proceeding  from  the  laws.  We  have  already  seen  that 
slavery,  which  is  abolished  in  the  North,  still  exists  in  the  South  ; 
and  I  have  pointed  out  its  fatal  consequences  upon  the  prosper- 
ity of  the  plE  ner  himself. 

The  North  is  therefore  superior  to  the  South  both  in  com- 
merce:!: and  manufacture  ;  the  natural  consequence  of  whicli  is 

*  3.672,317;  Census  of  1830, 

t  The  distance  from  JefTerson,  tlie  capital  of  the  State  of  Missouri,  to  Washing- 
ton is  1,019  miles.     (American  Ahnanac,  ]8;{1,  p.  4rf.) 

t  The  following  statements  will  sutVice  to  show  the  diflerence  which  exists 
between  the  commerce  of  the  South  and  that  of  the  North. 

In  11^29  the  tonnage  of  all  the  merchant-vessels  belonging  to  A'^irginia,  the  two 
Carolinas,  and  Georgia,  (the  four  great  Southern  States.)  amounted  to  only  ^>,'2i'.i 
tons.  In  the  same  year  the  tonnage  of  the  vessels  of  the  State  of  Massachusetts 
alone,  amounted  to  17,328  tons.     (See  Legislative  Documents,  21st  Congress, 


I  ■  :! 


379 


the  more  rapid  increase  of  population  and  of  wealtii  within  its 
borders.  The  Slates  situate  upon  the  shores  of  the  Atlantic  Ocean 
are  already  half-peopled.  Most  of  the  land  is  held  by  an  owner; 
and  these  districts  cannot  therefore  receive  so  many  emigrants 
as  the  Western  States,  where. a  boundless  field  is  still  open  to 
their  exertions.  The  valley  of  the  Mississippi  is  far  more  fertile 
than  the  coast  of  the  Atlantic  Ocean.  This  reason,  added  to 
all  the  others,  contributes  to  drive  the  Europeans  westward, — 
a  fact  which  may  be  rigorously  demonstrated  by  figures.  It  is 
found  that  the  sum  total  of  the  population  of  all  the  United  States 
lias  about  tripled  in  the  course  of  forty  years.  But  in  the  re- 
cent States  adjacent  to  the  Mississippi,  the  population  has  in- 
creased thirty-one  fold,  within  the  same  space  of  time.* 

The  relative  position  of  the  central  Federal  power  is  contin- 
ually displaced.  Forty  years  ago  the  majority  of  the  citizens 
of  the  Union  was  established  upon  the  coast  of  the  Atlantic,  in 
the  environs  of  the  spot  upon  which  Washington  now  stands  ; 
but  the  great  body  of  the  people  is  now  advancing  inland  and 
to  the  North,  so  that  in  twenty  years  the  majority  will  unques- 
tionably be  on  the  western  side  of  the  Alleghanys.  If  the 
Union  goes  on  to  subsist,  the  basin  of  the  Mississippi  is  evi- 
dently marked  out,  by  its  fertility  and  its  extent,  as  the  future 
centre  of  the  Federal  (Jovernment.  In  thirty  or  forty  years, 
that  tract  of  country  will  have  assumed  the  rank  which  natu- 
rally belongs  to  it.  It  is  easy  to  calculate  that  its  population, 
compared  to  that  of  the  coast  of  the  Atlantic,  will  be,  in  round 
numbers,  as  40  to  11.  In  a  few  years  the  States  which  found- 
ed the  Union  will  lose  the  direction  of  its  policy,  and  the  popula- 
tion of  the  valleys  of  the  Mississippi  will  preponderate  in  the 
Federal  assemblies. 

'I'liis  constant  gravitation  of  the  Federal  power  and  influence 

2(1  Session,  No  1 10,  i).244.)  Thus  tlie  State  of  Massnclmsetts  lias  three  times  as  much 
shijiiiitij;  us  till!  (bur  alxivii-uieiitioned  States.  Mevertiieless  the  area  ol'tlie  State  of 
.Ma-;sachiis(!tts  is  only  7,I5;{.')  scjiiare  miles,  and  its  po[iii!ation  amonntsto  dlO  014in- 
lial)itaiits;  whilst  the  area  ofthe  four  other  States  I  have  quoted  is  210,000  square 
miles,  and  their  jiopulation  ;},()47,7(i7.  Thus  the  area  of  the  State  of  Massacimsetts 
forms  only  om'-thirtietii  jiart  of  the  area  of  tiie  four  States ;  and  its  po|inlation  is  five 
times  smaller  than  theirs.  (See  Darby's  View  of  the  I'nited  States.)  Slavery  is  pre- 
judical  to  the  coniinercial  prosperity  of  the  South  in  several  dili'erent  ways;  by 
diiiiiiiislnnir  the  spirit  of  enterprise  among  the  whites,  and  by  preventing  them 
from  UKM.'ting  with  as  nmnerous  a  class  of  s-ulors  as  they  require.  Sailors  are 
usually  taken  from  the  lowest  ranks  of  the  population.  But  in  the  Southern 
States  these  lowest  ranks  are  composed  of  slaves,  and  it  is  very  ditliciilt  to  emjiloy 
them  at  sea.  Tlicy  are  unable  to  serve  as  well  as  awhile  cnnv,  and  apprehen- 
sions would  always  be  entertained  of  their  mutinying  in  the  middle  of  the  ocean, 
or  of  their  escaping  in  the  foreign  countries  at  which  they  might  touch. 
*  Darby's  View  of  the  Uuited  States,  p.  444. 


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380 


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towards  the  North-west,  is  shown  every  ten  years,  when  a  gene- 
ral census  of  the  population  is  made,  and  the  nrmber  of  dele- 
gates which  each  iState  sends  to  Congress  is  settled  afresh.* 
In  .1790  Virginia  had  nineteen  representatives  in  Congress. 
This  number  continued  to  increase  until  the  year  1813,  when 
it  reached  to  twenty-three  :  from  that  time  it  began  to  decrease, 
and  in  1833,  Virginia  elected  only  twenty-one  representatives.! 
During  the  same  period  the  State  of  New  York  progressed  in 
tlie  contrary  direction  ;  in  1790  it  had  ten  representatives  in 
Congress  ;  in  1813,  twenty-seven  ;  in  1823  thirty-four  ;  and 
in  1833,  forty.  The  State  of  Ohio  had  only  one  representa- 
tive in  1803,  and  in  3833  it  had  already  nineteen. 

It  is  difficult  to  imagine  a  durable  union  of  a  people  which  Is 
rich  and  strong,  Avith  one  which  is  poor  and  weak,  even  if  it 
were  ])rov('d  that  the  strrnglh  and  wealth  of  the  one  are  not  tlio 
causes  of  the  weakness  and  poverty  of  the  other.  But  union  is 
still  more  dinicult  to  maintain  at  a  time  at  which  one  party  is 
losing  strength,  and  the  other  is  gaining  it.  This  rapid  and 
disj)roj)ortionate  increase  of  certain  States  threatens  the  independ- 
ence of  the  others.  New  York  might  perhaps  succeed,  with  its 
two  millions  of  inhabitants  and  its  forty  representatives,  in  dicta- 
ting to  the  other  States  in  Congress.     But  even  if  the  more 

*  It  may  be  seen  that  in  tlie  course  of  the  last  ton  years  (1820—18:10)  the  jiopii- 
J.'ition  of  one  district,  as,  for  ijistuiice,  the  State  of  Ueiawnre,  has  increased  in  the 
proi)ortioti  of  5  per  cent.:  wiiiist  that  of  another,  as  the  territory  of  Miclii^an,  has 
increased  '-i'yi)  per  cent.  Thus  the  popuhition  of  Virginia  liad  augmented  13  per 
rent.,  and  that  of  tiie  border  State  of  Ohio  til  percent.,  in  the  same  sjiace  of  tinie. 
The  general  table  of  tiiese  changes,  whieii  is  given  in  the  National  Calendar,  dis- 
plays a  .striking  picture  of  the  unetpial  fortunes  of  the  ditlerent  States. 

t  It  has  just  been  said  that  in  tiic  course  of  the  last  term  the  population  of  Vir- 
ginia has  increased  115  per  cent.;  and  it  is  necessary  to  e.xplam  how  the  nunilicr 
of  representatives  for  a  State  may  decrease,  when  the  population  of  that  State,  Cur 
from  diminishing,  is  actually  upou  the  increase.  I  take  the  State  of  Virginia, 
to  which  I  have  already  alluded,  as  my  term  of  comparison.  The  number  of  re- 
presentatives  of  Virginia  in  182:{  was  proportionate  to  the  total  number  of  the 
representatives  of  the  Union,  and  to  the  relation  which  its  population  bore  to  that 
of  the  whole  Union;  in  Ir^olJ,  the  number  of  representatives  of  Virginia  was  like- 
wise proportionate  to  the  total  number  of  the  representatives  of  the  Union,  and 
to  the  relation  which  its  population,  augmented  in  the  course  of  ten  years,  bore 
to  the  angmente  I  population  of  the  Union  in  the  same  space  of  tune.  The  new 
I'umber  of  Virginian  representatives  will  then  be  to  the  old  number,  on  the  one 
hand,  as  the  new  number  of  all  the  representatives  is  to  the  old  number;  and,  on 
the  other  hand,  as  the  augmentation  of  the  population  of  Virginia  is  to  that  of  the 
whole  population  of  the  country.  Thus,  ii'the  increase  of  the  population  of  the 
les.ser  country  be  to  that  of  the  greater  in  an  exact  inverse  ratio  of  ttie  proportion 
between  the  new  and  the  old  numbers  of  all  the  representatives,  the  number  of 
the  representatives  of  Virginia  will  remain  stationary;  and  if  the  increase  of  the 
Virginian  population  be  to  that  of  the  whole  Union  in  a  feebler  ratio  than  the 
new  number  of  repre,sentativesof  the  Union  to  the  old  number,  the  number  of  the 
representatives  of  Virgiiiiu  must  decrease. 


381 


V 


"tmie.     The  new 


powerful  States  make  no  attempt  to  bear  down  the  lesser  ones, 
the  danp:ei'  still  exists ;  for  there  is  almost  as  much  in  the  possi- 
bility of  the  act  as  in  the  act  itself.  The  weak  generally  mistrust 
the  justice  and  the  n^uson  of  the  strong.  The  States  which  in- 
crease loss  rapidly  than  the  others,  look  npon  those  which  are 
more  favonnl  by  fortune  with  envy  and  suspicion.  Hence  arise 
the  dcop-seati'd  uneasiness  and  ill-dofmed  agitation  which  are 
observable  in  the  South,  and  which  form  so  striking  a  contrast 
to  the  confidence  and  prosperity  which  are  common  to  other 
parts  of  the  rnlon.  I  am  inclined  to  think  that  the  hostile  meas- 
ures taken  by  the  Southern  jirovinces  npon  a  recent  occasion, 
are  attributable  to  no  other  cause.  The  inhabitants  of  the 
Southern  States  are,  of  all  the  Americans,  those  who  are  most 
interested  in  the  maintenance  of  the  Union  ;  they  would  assuredly 
sull'er  most  from  being  left  to  themselves;  and  yet  they  are  the 
only  citl'/.ens  who  threaten  to  break  the  tie  of  coufederation. 
litit  it  is  easy  to  perceive  that  the  South,  which  has  given  four 
rresldents,  Washington,  .leflerson,  Madison,  and  jNIonroe,  to 
the  Cnion  ;  Mhich  perceives  that  it  is  losing  its  Federal  influence, 
and  that  the  number  of  its  representatives  in  Congress  is  dimin- 
ishing from  year  to  year,  whilst  those  of  the  Northern  and 
Western  States  are  Increasing ;  the  Soudi,  which  is  peopled 
with  ardent  and  irascible  beings,  is  becoming  more  and  more 
irritated  and  alarmed.  The  citizens  reflect  npon  their  present 
jiosition  and  remember  their  past  inf-hience,  with  the  melancholy 
uneasiness  of  men  who  sus[)ect  oppression  :  if  they  discover  a 
law  of  the  1  nlon  which  is  not  unequivocally  favorable  to  their 
interests,  they  [irotest  against  it  as  an  abuse  of  force ;  and  if 
their  ardent  remonstrances  are  not  listened  to,  they  threaten  to 
quit  an  association  which  loads  them  with  burdens  whilst  it  de- 
prives them  of  their  due  profits.  "  The  Tarifl,"  said  the  inhab- 
itants of  Carolina  in  1S'>"i,  "enriches  the  Mortli,  and  ruins  the 
South  ;  for  if  this  were  ncit  the  case,  to  what  can  we  attribute 
t\w  continually  increasing  power  and  wealth  of  the  North,  with 
its  iiicleinent  skies  and  arid  soil ;  whilst  the  South,  which  may 
be  styled  the  garden  of  America,  is  rapidly  declining."* 

If  the  changes  which  I  iiave  <1escril)ed  were  gradual,  so  that 
each  generation  at  least  might  liav(^  time  to  disappear  with  the 
order  of  things  under  which  It  had  lived,  the  danger  would  be 
less;  but  the  progress  of  society  in  America  is  precipitate,  and 
almost  revolutionary.     The  same  cili/-cn  may  have  lived  to  see 

*  See  tlio  report  of  its  committee  to  tlie  Convention,  which  proclaimed  the  nul- 
lification of  the  TuriU'iu  South  Curohuu. 


■  V^^ 


I,   ■! 


i    ! 


-i  ■ 


S82 


« 


^li      ''H 


his  State  take  the  lead  in  the  T^nion,  and  aftcnvards  hecomo 
powerless  in  the  Federal  assemhlies  ;  and  an  Aniflo-American 
repnblic  has  been  known  to  ^row  as  rapidly  as  a  man,  passiiitr 
from  birth  and  infancy  to  maturity  in  the  course  of  thirty  years. 
It  must  not  be  ima'j;ined,  however,  that  the  States  whicli  lose 
their  pre[)onderance,  also  lose  their  po))ulation  or  their  riches ; 
no  stop  is  put  to  their  prosperity,  and  they  even  tfo  on  to  iucr(>ase 
more  rapidly  than  any  kini;(loni  in  Europe.*  liut  they  l)elieve 
themselves  to  be  impoverished  because  their  wealth  does  not 
augment  as  rapidly  as  that  of  their  neii^hbors  ;  and  they  think 
that  their  power  is  lost,  because  they  suddenly  come  into  colli- 
sion with  a  power  fji^reater  than  their  own  :t  thus  they  are  more 
hurt  in  their  feelings  and  their  passions,  than  in  their  interests. 
But  this  is  amply  sufficient  to  endanger  the  maintenance  of  the 
Union.  If  kinj^s  and  peoples  had  only  had  their  true  interests 
in  view,  ever  since  the  bef;innint!;  of  the  world,  the  name  of  war 
would  scarcely  be  known  amonii*  mankind. 

Thus  the  prosperity  of  the  liniled  Slates  is  the  source  of  the 
most  serious  dangers  that  threaten  them,  since  it  tends  (o  create 
in  some  of  the  confederate  t3tates  that  over-excitement  whicli 
accompanies  a  rapid  increase  of  fortune  ;  and  to  awaken  in 
others  those  feelings  of  envy,  mistrust,  and  regret  which  usually 
attend  upon  the  loss  of  it.  The  Americans  contemplate  this 
extraordinary  and  hasty  progress  with  exultation  ;  but  they 
would  be  wiser  to  consider  it  with  sorrow  and  alarm.  The 
Americans  of  the  United  States  must  inevitably  become  one  of 
the  greatest  nations  in  the  world  ;  their  offset  will  cover  almost 
the  whole  of  North  America  ;  the  continent  which  they  iidiabit 
is  their  dominion,  and  it  cannot  escape  them.  What  urges 
them  to  take  possession  of  it  so  soon  ?  l^iches,  power,  and  re- 
nown cannot  fail  to  be  theirs  at  some  future  time,  but  they  rusli 
upon  their  fortune  as  if  but  a  moment  remained  for  them  to 
make  it  their  own. 

*  The  population  of  ii  country  ns«iirc(llv  fonstitiitos  tlio  first  clement  of  its 
wealtii.  In  the  ten  years  CI*-" — 18l{();,  (iiirii-i,'  which  Viiginia  lost  two  of  its 
representatives  in  Coiiffress.  its  popnhiti  mi  icci eased  in  the  proportion  of  115-7 
per  cent. ;  that  ofCurohna  in  the  pro|)urtioi;  o!'  !;'>  jjer  ct;nt ;  and  that  ol'Cicorcia 
51  5  per  rent.  (See  the  .American  Ahnaiiac.  Ir<;?'i.  p.  HV2.)  Put  the  popnlatKUi 
of  Rnssia,  which  increases  more  rapidly  than  that  of  any  other  Kinopean  coiinlry, 
only  anpnients  in  ten  years  at  the  rate  of  '.)-5  per  cent.;  in  rr.mce  at  the  rate  of 
7  per  cent.;  and  in  Kuropu  in  general  at  the  rate  of  4-7  per  cent.  (See  Alaltc- 
brun,  vol   vi.  p.  !).').) 

t  It  must  he  admitted,  however,  that  the  depreciation  which  has  taken  place 
in  the  vahie  of  tohacco,  dnrini;  the  last  fifty  years,  has  notably  diminished  the 
opulence  of  the  Honthern  planters:  hnt  this  circninstancc  is  us  independent  of 
the  will  of  their  Nortbera  bretlireu,  as  it  is  of  their  own. 


383 


T  think  that  I  have  dcmonstratod,  that  the  existence  of  the 
present  oonlt'deraiion  (lopcnd^i  entirely  on  the  continued  assent 
of  all  the  eonl'ederates;  and,  stariiff^' from  this  principle,  1  have 
inquired  into  the  causes  which  may  induce  the  several  Stales  to 
sL'parate  Croni  the  others.  The  Union  may,  however,  perish  in 
two  ditlerent  w  ays  :  one  of  the  confederate  States  may  choose 
to  retire  from  the  cojnpact,  Pud  so  forcibly  to  sever  the  Federal 
tie;  and  it  is  to  this  supposition  that  most  of  the  remarks  that  I 
have  made  apply  :  or  the  authority  of  the  Federal  Govern- 
ment may  he  pro^n-esslvely  intrenched  on  by  the  simultaneous 
tendency  oi  the  united  republics  to  resume  their  intlependence. 
The  central  power,  successively  stripped  of  all  its  prerogatives, 
and  reduced  to  impotence  by  tacit  consent,  would  become  in- 
eoinpeient  to  fullill  its  purpose;  and  the  second  Union  would 
j)erish,  like  the  Hrst,  b^  a  sort  of  senile  inaptitude.  The  gra- 
dual weakening  of  the  Feileral  tie,  which  n)ay  finally  lead  to 
the  dissolution  of  the  l'nion,is  a  distinct  circmnstance,  that  may 
produce  a  variety  of  minor  consequences  before  it  operates  so 
violent  a  change.  The  confederation  might  siill  subsist,  al- 
though its  (iovernment  were  reduced  to  such  a  degree  of  inan- 
ition as  to  paralyze  the  nation,  to  cause  internal  anarchy,  and 
to  check  the  general  pros|)erity  of  the  country. 

After  having  investigated  the  causes  which  may  induce  tiie 
Anglo-Americans  to  disunite,  it  is  important  to  inquire  whether, 
if  the  Union  continues  to  subsist,  their  Government  will  extend 
or  contract  its  sphere  of  action,  and  whether  it  will  become  more 
energetic  or  more  weak. 

The  Americans  are  evidently  disposed  to  look  upon  their 
future  condition  with  alarm.  They  perceive  that  in  most  of 
the  nations  of  the  world,  the  exercise  of  the  rights  of  sovereign- 
ty tends  to  fall  under  the  control  of  a  few  individuals,  and  they 
are  dismayed  by  ihe  idea  that  such  will  also  be  the  case  in  their 
own  country.  FiVen  the  statesmen  feel,  or  adect  to  feel,  these 
fears  ;  for,  in  America,  centralization  is  by  no  means  popular, 
and  there  is  no  surer  means  of  courting  the  majority,  than  by 
inveighing  against  the  encroachments  of  the  central  power.  The 
Americans  do  not  perceive  that  the  countries  in  which  this 
alarming  tendency  to  centralization  exists,  are  inhabited  by  a 
single  people  ;  whilst  the  fact  of  the  Union  being  composed  of 
dilTerent  confederate  communities,  is  suflicent  to  bailie  all  the 
inferences  which  might  be  drawn  from  analogous  circumstan' 
ces.  I  confess  that  I  am  inclined  to  consider  the  fears  of  a 
great  number  of  Americans  as  purely  imaginary  ;  and  far  from 


,lf.. 


^"^ 


In. 

$*' 

I 


< 


(i^-^ 


5'J 


384 

participating  in  their  dread  of  the  consolidation  of  power  in  the 
hands  of  the  Union,  I  think  that  the  Federal  Government  is 
visibly  losing  strength. 

To  prove  this  assertion  I  shall  not  have  recourse  to  any  re- 
mote occurrences,  but  to  circumstances  which  I  have  myself 
witnessed,  and  which  belong  to  our  own  time. 

An  attentive  examination  of  what  is  going  on  in  l!ie  United 
States,  will  easily  convince  us  that  two  opposite  tendencies  ex- 
ist in  that  country,  like  two  distinct  currents  flowing  in  contra- 
ry directions  in  the  same  channel.  The  Union  has  now  existed 
for  forty-five  years,  and  in  th.e  course  of  that  time  a  vast  num- 
ber of  provincial  prejudices,  which  were  at  first  hostile  to  its 
power,  have  died  away.  The  patriotic  feeling  which  attached 
each  of  the  Americans  to  his  own  native  Stale  is  become  less 
exclusive  ;  and  the  different  parts  of  the  Union  have  beconie 
more  intimately  connected  the  better  they  have  become  ac- 
quainted with  each  otiier.  The  Post,*  that  great  instrurr.ent 
of  intellectual  intercourse,  now  reaches  into  the  back-woods  ; 
and  steam-boats  have  established  daily  means  of  communica- 
tion between  the  difl'erent  points  of  the  coast.  An  inland  na- 
vigation of  unexampled  rapidity  conveys  commodities  up  and 
down  the  rivers  of  the  country -j-  And  to  these  facilities  of 
nature  and  art  may  be  added  those  restless  cravings,  that  busy- 
mindedness,  and  love  of  pelf,  which  are  constantly  urging  the 
American  into  active  lif:,  and  bringing  him  into  contact  with 
his  fellow-citizens.  He  crosses  the  country  in  every  direction  ; 
he  visits  all  the  various  populations  of  ihe  land  ;  and  there  is 
not  a  province  in  France,  in  which  the  natives  are  so  well 
known  to  each  other,  as  the  thirteen  millions  of  men  who  cover 
the  territory  of  the  United  States. 

But  whilst  the  Americans  intermingle,  they  grow  in  resem- 
blance of  each  other  ;  the  diflerences  resulting  from  their  cli- 
mate, their  origin,  and  their  institutions,  diminish  ;  and  they  all 
draw  nearer  and  nearer  to  the  common  type.  Every  year, 
thousands  of  men  leave  the  North  to  settle  in  different  parts  of 

*  Tn  1832,  the  district  of  Michigan,  which  only  contains  31, fir?")  inhiil)itants,  and 
is  still  an  aUnost  nnexplorcid  wilderness,  possosiJed  Old  miles  of  mail-roads.  The 
territory  of  Arkansas,  wiiich  is  still  more  nncnitivatpd,  was  already  intersected  liy 
1,938  miles  of  mail-roads.  (See  Report  oftlie  ticneral  Post  (Jllice,  3(Ith  Noveui- 
ber.  1H33.)  The  postage  of  newspapers  alone  in  the  whole  Union  amounted  to 
254,79(j  dollars. 

t  In  the  course  of  ten  years,  from  1821  to  ]H31,271  sfeamhoats  have  heen 
launched  upon  the  rivers  which  water  tlie  valley  of  tho  Mississippi  alone.  In 
1829,259  steamboats  existed  in  the  United  States.  See  Legislative  Documents, 
Ko.  140,  p.  274. 


S85 


W';       " 


the  Unio  they  bring  with  them  their  faith,  their  opinions,  and 
their  man  rs  ;  and  as  they  are  more  enlightened  than  the  men 
amongst  whom  they  are  about  to  dwell,  they  soon  rise  to  the 
iiead  of  afiairs,  and  they  adapt  ;•  iety  to  their  own  advantage. 
This  continual  emigration  of  thei\orMi  to  the  South  is  peculiarly 
favorable  to  the  fusion  of  all  the  difl'erent  provincial  characters 
into  one  national  character.  The  civilization  of  the  North  ap- 
pears to  be  the  common  standard,  to  which  the  whole  nation  will 
one  day  be  assimilated. 

The  commercial  ties  which  unite  the  confederate  States  are 
strengthened  by  the  increasing  manufactures  of  the  Americans; 
and  the  union  which  began  to  exist  i:i  their  opinions,  gradu- 
ally forms  a  part  of  their  habits  :  the  course  of  time  has  swept 
away  the  bugbear  thoughts  which  haunted  the  imaginations  of 
the  citizens  in  1789.  The  Federal  power  is  not  become  op- 
pressive ;  it  has  not  destroyed  the  independence  of  the  States ; 
it  has  not  subjected  the  confederates  to  monarchical  institu- 
tions ;  and  the  Union  has  not  rendered  the  lesser  States  depend- 
ent upon  the  larger  ones :  but  the  Confederation  has  contin- 
ued to  increase  in  population,  in  wealth,  and  in  power.  I  am 
therefore  convinced  that  the  natural  obstacles  to  the  continu- 
ance of  the  American  Union  are  not  so  powerful  at  the  present 
time  as  they  were  in  1789;  and  that  the  enemies  of  the  Union 
are  not  so  numerous. 

Nevertheless,  a  careful  examination  of  the  history  of  the  United 
States  for  the  last  forty-five  years,  will  readily  convince  us  that 
the  Federal   power  is  declining  ;  nor  is  it  difficult  to  explain 
the  causes  of  this   ph.x'nomenon.     When   the  Constitution  of 
1789  was  promulgated,  the  nation  was  a  prey  to  anarchy ;  the 
Union,  which   succeeded   this  confusion,  excited  much   dread 
and  much  animosity  ;  but  it  was  warmly  supported  because  it 
satisfied   an    imperious  want.     Thus,  although  it  was  more  at- 
tiicked  than  it  is  now,  the  Federal   power  soon   reached   the 
maximum  of  its  authority,  as  is  usually  the  case  with  a  govern- 
ment which  triumphs  after  having  braced  its  strength  by  Jie 
struggle.     At  tha^  time  the  interpretation  of  tlie  Constitution 
seemed  to  extend,  rather  than  to  repress,  the  Federal   sover- 
eignty ;  and  the  Uniok'.  offered,  in  several  respects,  tlie    ap- 
pearance of  a  single  and  undivided  people,  directed  in  its  for- 
eign and   internal  policy  by  a  single  Government.     But  to 
attain  this  point  the  people  had  risen,  to  a  certain  extent,  above 
itself. 
The  Constitution  had  not  destroyed  the  distinct  sovereignty 
49 


n 


S8G 


»«!*. 

IM 

»SR:si 

:i 

4 

SJ 

ITP. 

1*' 

t 

I' 

1 

'tor- 

•'1 

of  the  States ;  and  all  communities,  of  whatever  nature  they 
may  be,  are  impelled  by  a  secret  propensity  to  assert  their  in- 
dependence. Tills  propensity  is  itill  more  decided  in  a  coun- 
try like  America,  in  wliich  every  village  fornif.  a  sort  of  repub- 
lic accustomed  to  conduct  its  own  affairs.  It  therefore  cost  the 
States  an  effort  to  submit  to  the  Federal  supremacy  ;  and  all 
eflbrts,  however  successful  they  may  be,  necessarily  subside 
with  the  causes  in  which  they  originated. 

As  the  Federal  Government  consolidated  its  authority, 
America  resumed  its  ratd<  amongst  the  nations,  peace  returned 
to  its  frontiers,  and  public  credit  was  restored  ;  confusion  was 
succeeded  by  a  fixed  state  of  things  which  was  favorable  to  the 
full  and  free  exercise  of  industrious  enterprise.  It  "as  this 
very  prosperity  which  made  the  Americans  forget  the  cause  to 
which  it  was  attributable  ;  and  when  once  the  danger  was 
passed  the  energy  and  the  patriotism  which  had  enabled  tliem 
to  brave  it  disappeared  from  amongst  them.  No  sooner  were 
they  delivered  fiom  the  cares  which  op|)ressed  them,  than  they 
easily  returned  to  their  ordinary  habits,  and  gave  themselves 
up  without  i'csistance  to  their  natural  inclinations.  When  a 
powerful  (iovernment  no  longer  appeared  to  be  necessary,  they 
o.ice  n)ore  began  to  tliink  it  irksome.  The  LUiion  encouraged 
a  general  prosperity,  and  the  States  were  not  inclined  to  aban- 
don the  Union  ;  but  they  desired  to  render  the  action  of  the 
power  wliich  represented  that  body,  as  light  as  possible.  The 
general  principle  of  union  was  adopted,  but  in  every  minor 
detail  there  was  un  actual  tendency  to  independence.  The 
principle  of  confederation  was  every  day  more  easily  admitted 
and  more  rarely  applied;  so  that  the  Federal  (Jovernment 
brought  about  its  own  decline,  whilst  it  was  creating  order  and 
peace. 

As  soon  as  this  tendency  of  public  opinion  began  to  be  mani- 
fested externally,  the  leaders  of  parties,  who  live  by  the  pas- 
sions of  the  people,  began  to  work  it  to  their  own  advantage. 
The  position  of  the  Federal  Government  then  became  exceed- 
ingly critical.  Its  enemies  were  in  possession  of  the  popular 
fav(>r;  and  they  obtained  the  right  of  conducting  its  policy  by 
pledging  themselves  to  lessen  its  influence.  From  that  lime 
forwards,  the  Cjovernmenl  of  the  Union  has  invariably  been 
obliged  to  recede,  as  often  as  it  has  attempted  to  enter  the  lists 
with  the  Governments  of  the  States.  And  whenever  an  inter- 
pretation of  the  terms  of  the  P'ederal  Constitution  has  been 


u 


387 

called  for,  that  interpretation  has  most  frequently  been  opposed 
to  the  Union,  and  favorable  to  the  States. 

Tlie  Constitution  invested  the  Federal  Government  with  the 
rigiit  of  providinjj  for  the  interests  of  the  nation  ;  and  it  had 
been  held  that  no  other  authority  was  so  fit  to  superintend  the 
'internal  improvements' which  atlected  the  prosperity  of  the 
whole  Union  ;  such,  for  instance,  as  the  cutting  of  canals. 
But  the  States  were  alarmed  at  a  power,  distinct  from  their 
own,  which  could  thus  dispose  of  a  portion  of  their  territory; 
and  they  were  afraid  that  the  central  Government  would,  by 
*liis  means,  acquire  a  formidable  extent  of  patronage  within 
their  own  confines,  and  exercise  a  degree  of  influence  which 
they  intended  to  reserve  exclusively  to  their  own  agents.  The 
democratic  partv,  which  has  constantly  been  opposed  to  the 
inc  ase  of  the  Federal  authority,  then  acct^sed  the  Congress 
of  usurpation,  and  the  Chief  Magistrate  of  ambition.  The  cen- 
tral Government  was  intimidated  by  the  opposition  ;  and  it 
soon  acknowledged  its  error,  promising  exactly  to  confine  its 
iiitlueuce,  for  the  future,  within  the  circle  whicli  was  prescribed 
to  it. 

The  Constitution  confers  uj)on  the  Union  the  right  of  treating 
with  Ibreign  nations.  The  Indian  tribes,  which  border  upon  the 
frontiers  of  tlu;  L'nitcd  States,  had  usually  been  regarded  in  this 
liudit.  As  long  as  these  savages  consented  to  retire  before  the 
civilized  settlers,  the  Federal  ric^ht  was  not  contested  ;  but  as  soon 
as  an  Indian  tribe  attempted  to  fix  its  dwelling  upon  a  given 
spot,  the  adjacent  States  claimed  possession  of  the  lands  and  the 
v'vj,\\ts  of  sovereiixntv  over  the  natives.  The  central  Government 
soon  recognized  bot'a  these  claims ;  and  after  it  had  concluded 
treaties  with  the  Indians  as  independent  nations,  it  gave  them  up 
as  subjects  to  tlie  leuislative  tvrannv  of  the  States.* 

Some  of  the  States  which  had  been  founded  upon  the  coast  of 
tiie  At!.i\uic,  extended  indefinitely  to  the  West,  into  wild  regions 
\\h  "'■■  5  a  Furopean  had  ever  penetrated.  The  States  whose 
coi  '  :  "  ^  vcre  irrevocably  fixed,  looked  with  a  jealous  eye  upon 
the  d'  •;  ;  .nded  r(>g!ons  w'nich  the  liiture  would  enal)le  their 
neighbi,!s  i  e^;)lore.  The  latter  then  agreed,  with  a  view  to 
cunriliate  the  olliers,  and  to  facilitate  the  A<"t  of  Union,  to  lay 
down   their  own  boundaries,  and  to  abandon  all  the   territory 

*  Soo  ill  llic  Li'iri-l.ifivc  Dnemncnt-s  alroady  quotod  In  spnikin?;  of  the  Indians, 
tli('  letter  of  the  l^rtvichiiit  of  Ih"  Uiiiicd  Stales  to  ihu  ClieroivccH,  his  conu^spoiid- 
euce  ou  this  subject  with  liis  ageiit^s,  and  his  messages  to  Congress. 


I'rf 


388 


14 


.5. 


•n 


1 
I 


which  lay  beyond  those  limits  to  the  confederation  at  large.* 
Thenceforward  the  Federal  Government  became  the  owner  of 
all  the  uncultivated  lands  which  lie  beyond  the  borders  of  the 
thirteen  States  first  confederated.  It  was  invested  with  the  riecht 
of  parcelling  and  selling  them,  and  the  sums  derived  from  this 
source  were  exclusively  reserved  to  the  public  treasure  of  the 
Union,  in  order  to  furnish  supplies  for  purchasing  tracts  of  coun- 
try from  the  Indians,  for  opening  roads  to  the  remote  settlements, 
and  for  accelerating  the  increase  of  civilization  as  much  as  pos- 
sible. New  States  have  however  been  formed  in  the  course  of 
time,  in  the  midst  of  those  wilds  which  were  formerly  ceded  by 
the  inhabitants  of  the  shores  of  the  Atlantic.  Congress  has  gone 
on  to  sell,  for  the  profit  of  the  nation  at  large,  the  uncultivated 
lands  which  those  new  States  contained.  But  the  latter  at  length 
asserted  that,  as  they  were  now  fully  constituted,  they  ought  to 
enjoy  the  exclusive  right  of  converting  the  produce  of  these  sales 
to  their  own  use.  As  their  remonstrances  became  more  and  more 
threatening,  Coi  /oss  thought  fit  to  deprive  the  Union  of  a  por- 
tion' of  the  privilej  *  ich  it  had  hitiie  to  enjoyed  ;  and  at  the 
end  of  1832  it  passea  law  by  which  the  greatest  part  of  tlie 
revenue  derived  from  the  sale  of  lands  was  made  over  to  the  new 
western  liepublics,  although  the  lands  themselves  were  not  ceded 
to  them.f 

The  slightest  observation  in  the  United  States  enables  one  to 
appreciate  the  advantages  which  the  country  derives  from  the 
Bank.  These  advantages  are  of  several  kinds,  l)ut  one  of  them 
is  pecuharly  striking  to  the  stranger.  The  bank-notes  of  the 
L  iiited  States  are  taken  upon  tiie  borders  of  the  desert  for  the 
same  value  as  at  Philadelphia,  where  the  Bank  conducts  its  oper- 
ations.J  ^ 

The  bank  of  the  United  States  is  nevertheless  the  ob.  ct  of 
Creat  anlmositv.  Its  directors  have  |)roclaimed  their  hostilitv  to 
the  J^resident ;  and  they  are  accused,  not  witlmut  some  show  of 
probability,  of  having  abused  tiieir  influence  to  thwart  his  clec- 

*  The  first  net  of  cession  wis  made  by  the  Ptnte  of  New  York  in  1780  ;  Vir- 
giiiiii.  Aliissiichiisetts,  Coniiecticiit,  .Siiiitli  aiid  iNorth  Carolina,  lbih)Wfd  this  cx- 
aiiiple  at  diU'eri'Mt  limes,  a:ul  hi.stly,  tiie  act  of  (•e>sion  of  Cieorgia  wa^  made  as 
reeciilly  as  IHiri. 

f  It  IS  true  th^t  the  President  refused  iiis  .issent  to  this  law  ;  but  he  completely 
adopii'd  it  in  |)riiicii)i(!.     See  \Ioss,i;^t>  of  dih  December,  ]ri.i',i. 

t  The  j)n'sent  Bankof  ihe  United  States  was  established  in  18IG,  with  a  capital 
of  :i.'"),n()(), ()()()  dollars;  its  charter  expires  in  ]f''M).  Last  year  <  On^iress  passtd  a 
law  to^renew  it  hut  the  Piesidciu  pntliis  veto  iii  on  the  bill.  The  siriifrgle  is  still 
going  on  with  great  violence  ou  either  side,  and  the  speedy  fill  of  the  Dank  may 
easily  be  foreseen. 


389 


on  at  large.* 
the  owner  of 
)rders  of  the 
with  the  rie:ht 
red  from  this 
easure  of  the 
I'acts  of  coun- 
te  settlements, 
much  as  pos- 

the  course  of 
rly  ceded  by 
^ress  has  j^one 

uncultivated 
atter  at  length 
they  ought  to 
e  of  these  sales 
riore  and  more 
nion  of  a  por- 
d  ;  and  at  the 
St  part  of  the 
>vcr  to  the  new 
vere  not  ceded 

enables  one  to 
,'es  from  the 
t  one  of  them 
-notes  of  the 
esert  for  the 
ucts  its  oper- 

the   oh;  ct  of 

'ir  hostility  to 

^ome  show  of 

wart  his  elec- 

ik  in  17.S0 ;  Vir- 
I'ollowcd  tliis  DX- 
gia  was  iiiude  as 

Jilt  lie  completely 

HIG,  with  a  capital 
oiiL'rf'ss  passcti  a 

'he  stnigjile  is  still 
of  the  liaiik  may 


tion.  The  President  therefore  attacks  the  establishment  which 
they  represent,  with  all  the  warmth  of  personal  enmity  ;  and  he 
is  encouraged  in  the  pursuit  of  his  revenge  by  the  conviction  that 
he  is  supported  by  the  secret  propensities  of  the  majority.  The 
Bank  may  be  regarded  as  the  great  monetary  tie  of  the  Union, 
just  as  Congress  is  the  great  legislative  tie ;  and  the  same  pas- 
sions which  tend  to  render  the  States  independent  of  the  central 
power,  contribute  to  the  overthrow  of  the  Bank. 

The  Bank  of  the  United  States  always  holds  a  great  number 
of  the  notes  issued  by  the  provincial  banks,  which  it  can  at  any 
time  oblige  them  to  convert  into  cash.  It  has  itself  notjiing  to 
fear  from  a  similar  demand,  as  the  extent  of  its  resources  enables 
it  to  meet  all  claims.  But  the  existence  of  the  provincial  banks 
is  thus  threatened,  and  their  operations  are  restricted,  since  they 
are  only  able  to  issue  a  quantity  of  notes  duly  proportioned  to 
their  capital.  They  submit  with  impatience  to  this  salutary  con- 
trol. The  newspapers  which  they  have  bought  over,  and  the 
President,  whose  interest  renders  him  their  instrument,  attack  the 
Bank  with  the  greatest  vehcMncnce.  They  rouse  the  local  pas- 
sions, and  the  blind  democratic  instinct  of  the  country  to  aid 
their  cause  ;  and  they  assert  that  the  Bank-directors  form  a  per- 
manent aristocratic  body,  whose  influence  must  ultimately  be  felt 
in  the  Government,  and  must  ailecl  those  principles  of  equality 
upon  which  society  rests  in  America. 

The  contest  between  tiie  Bank  and  its  opponents  is  only  an 
incident  in  the  great  struggle  which  is  ^ing  on  in  America  be- 
tween the  provinces  and  the  central  power  ;  between  the  spirit 
of  democratic  indcpemlence,  and  the  spirit  of  gradation  and  sub- 
ordination. I  do  not  mean  that  the  enemies  of  the  Bank  are 
idciitir.dly  the  same  individuals,  who,  on  other  points,  attack 
the  Federal  (lovernnient;  but  I  assert  that  the  attacks  directed 
against  the  Bank  of  the  Initial  States,  originate  in  the  same 
propensities  which  militate  against  the  Federal  Government; 
and  that  the  very  niunorous  opponents  of  ihe  former  aflbrd  a 
deplorable  symptom  of  the  decreasing  support  of  the  latter. 

'i'he  Union  has  never  di>})layed  so  much  weakness  as  in  the 
celebrated  question  of  the  Tarilf.*  The  wars  of  the  French  re- 
volution and  of  liSri  had  created  nuinufacturlng  establishments 
in  the  North  of  the  Union,  by  cutting  oil"  all  free  communication 
between  America  and  Europe.  When  peace  was  concluded, 
and  the  channel  of  intercourse  re-opened,  by  which  the  pro- 

*  See  prijici pally  for  the  details  of  this  alVuir,  the  Legislulive  Documents,  22d 
Congress,  2(1  Sessiou,  No.  30. 


rji 


ii 


Sdo 


C'ttvm 


sail 


ti' 


(il'i 


1 


duce  of  Europe  was  transmitted  to  the  New  World,  the  Ameri- 
cans thougiit  fit  to  establish  a  system  of  import  duties,  for  the 
twofold  purpose  of  protecting  their  incipient  manufactures,  and 
of  payincr  off  the  amount  of  the  debt  contracted  during  the  war. 
The  Southern  States  wiiich  have  no  manufactures  to  encouraire, 
and  which  are  exclusively  agricultural,  soon  complained  of  this 
measure.  Such  were  the  simple  facts,  and  I  do  not  pretend  to 
examine  in  this  place  wliether  their  complaints  were  well-founded 
or  unjust. 

As  early  as  the  year  1820,  South  Carolina  declared,  in  a 
petition  to  Congress,  that  the  Tarifl'  was  "  unconstitutional,  op- 
pressive, and  unjust."  And  the  States  of  Georgia,  Virginia, 
North  Carolina,  Alabama,  and  Mississippi,  subsequently  remon- 
strated against  it  with  more  or  less  vigor.  But  Congress,  far 
from  lending  an  ear  to  these  complaints,  raised  the  scale  of 
Tariff  duties  in  the  years  1824  and  1828,  and  recognised  anew 
the  principle  on  which  it  was  founded.  A  doctrine  was  tlien 
proclaimed,  or  rather  revived,  in  the  South,  which  took  the 
name  of  Nullification. 

I  have  shown  in  the  proper  place  that  die  object  of  the  Fede- 
ral Constitution  was  not  to  form  a  league,  but  to  create  a  na- 
tional Covernment.  The  Americans  of  the  United  States  form 
a  sole  and  undivided  pcoj)le,  in  all  the  cases  which  are  specified 
by  that  Constitution  ;  and  upon  these  points  the  will  of  the  na- 
tion is  expressed,  as  it  is  in  all  constitutional  nations,  by  the 
voice  oi  the  majority.  ^\V  hen  the  majority  has  pronounced  its 
decision,  it  is  the  duty  of  the  minority  to  submit.  Such  is  the 
sound  legal  doctrine,  and  the  oidy  one  which  agrees  with  the 
text  of  the  Constitution,  and  the  known  intention  of  those  wlio 
framed  it. 

The  partisans  of  Nullification  in  the  South  maintain,  on  the 
contrary,  that  the  intention  of  the  Americans  in  uniting  was  not 
to  reduce  themselves  to  the  condition  of  one  and  the  same  j)eo- 
ple ;  that  they  meant  to  constitute  a  league  of  independent 
States ;  and  that  each  State,  conse(|uently,  retains  its  entire 
sovereignty,  if  not  dc  facto,  ^f  least  dcjurc;  and  has  the  right  of 
putting  its  own  construction  upon  the  laws  of  Congress,  and  of 
suspending  their  execution  within  the  limits  of  its  own  territory, 
if  they  are  held  to  be  unconstitutional  or  unjust. 

The  entire  doctrine  ol'Nidliiication  is  comprised  in  a  sentence 
uttered  by  \'icc-]^-csident  Calhoiui,  the  head  of  that  party  in  the 
South,  before  the  Senate  of  the  United  Stales;;  in  the  year  18o;3. 
"  The  Constitution  is  a  compact  to  Avhich  the  States  were  par- 


'W'r 


ff>,' 


d,  the  Amerl- 
1 II  ties,  for  the 
ifactures,  and 
uing  the  war. 
to  encouraire, 
ilained  of  this 
ot  pretend  to 
J  well-founded 

Jeclnred,  in  a 
titutional,  op- 
■ffia,  Virginia, 
nently  remon- 
Congross,  far 
i  the  scale  of 
•ognised  anew 
•iiie  was  then 
liich  took  the 

;t  of  the  Fede- 
crcato  a   na- 

ed  States  form 

|i  are  specified 

ill  of  the  na- 

ations,  by  the 

)ronoiinced  its 
Such  is  the 
rees  with  the 
of  those  who 

intain,  on  the 
niting  was  not 
J  he  saniff  ))eo- 
Independent 
ins  its  entire 
as  the  right  of 
iiiiress,  and  of 
own  territory, 

[1  in  a  sentence 
It  party  in  the 
he  year  INoo. 
tes  were  par- 


891 

lies  in  their  sovereign  capacity ;  now,  \vhenever  a  contract  is 
entered  into  by  parties  which  acknowledge  no  tribunal  above 
their  authority  to  decide  in  the  last  resort,  each  of  them  has  a 
right  to  judge  for  itself  in  relation  to  the  nature,  extent  and  ob- 
ligations of  the  instrument."  It  is  evident  that  a  similar  doc- 
trine destroys  the  very  basis  of  the  Federal  Constitution,  and 
brings  back  all  the  evils  of  the  old  Confederation,  from  which 
the  Americans  were  supposed  to  have  had  a  safe  deliverance. 

When  South  Carolina  perceived  that  Congress  turned  a  deaf 
ear  to  its  remonstrances,  it  threatened  to  apply  the  doctrine  of 
nullification  to  the  Federal  Tariff  bill.  Congress,  persisted  in 
its  former  system  ;  and  at  length  the  storm  broke  out.  In  the 
course  of  1832  the  citizens  of  South  Carolina*  named  a  National 
Convention,  to  consult  upon  the  extraordinary  measures  which 
they  were  called  upon  to  take;  and  on  the  2lth  November  of 
t'lje  sam&  year,  this  Convention  ])romuIgated  a  law,  under  the 
form  of  a  decree,  wliicli  annulled  the  Federal  law  of  the  Tariff, 
forbade  the  levy  of  the  imposts  which  that  law  commands,  and 
refused  to  recognise  the  appeal  which  might  be  made  to  the 
Federal  courts  of  law.f  This  decree  was  only  to  be  put  into 
execution  in  the  ensuing  month  of  Fe])riiarv,  and  it  was  intima- 
ted, that  if  Congress  modified  the  Tariff  before  that  period, 
South  Carolina  might  be  induced  to  proceed  no  further  with  her 
menaces ;  and  a  vague  desire  was  afterwards  expressed  of  sub- 
mitting the  question  to  an  extraordinary  assembly  of  all  the 
confederate  States. 

In  the  mean  time  South  Carolina  armed  her  militia,  and  pre- 
pared for  war.  But  Congress,  wiiich  had  slighted  its  suppliant 
subjects,  listened  to  their  com})laiuts  as  soon  as  they  were  found 

*  That  is  to  say,  tlu;  niajoriiy  ofllie  people;  for  the  opposiio  party,  cnllod  the 
Union  i)any,  al'.vays  foniHMl  a  very  stronj^  and  active  minority.  Carolina  may 
contain  about  47,000  t lectors;  '3l),t  00  were  in  I'avor  of  nullification,  and  17,C0O 
opposed  to  it. 

t  This  de(;'i"n  was  preceded  by  a  Ueport  of  the  Committee  by  wiiich  it  was 
framed,  coiitaininji  liie  explanation  of  the  motives  and  object  of  the  law.  The 
follow inj;  passa;:e  occurs  in  it.  p.  :5t.  "  U'lieu  the  ri;;Kls  reserved  by  the  Consti- 
tution to  the  diliereiit  Stales  are  d'  liberatidy  violated,  it  is  liie  duty  and  the  right 
of  those  States  to  interfere,  in  order  to  clieiU  llie  pi  ogress  rd"  the  evil,  to  resist 
usurpation,  and  to  maintain,  wilhin  their  resjieclive  limits,  tliosepowers  and  priv- 
ilej^es  which  belong  to  them  .as  iiulipnnlnit  ti'jreriian  Slutis.  If  they  were  desti- 
tute of  this  right,  they  would  not  be  soverei.'ii.  South  Carolin.-x  declares  that  she 
acknowledges  no  tribunal  upon  earth  abixe  her  authority.  She  has  indpod  en- 
tered into  u  solemn  compact  of  union  with  the  other  States;  but  she  demands, 
and  will  exercise,  the  right  of  putting  her  own  construction  upon  it;  and  when 
this  compact  is  violated  by  her  sister  States,  and  by  the  Governnient  which  they 
iiave  created,  she  is  determined  to  avail  herself  of  the  nnqnestioiiable  right  of 
judging  what  is  tlie  extent  of  the  infraction,  and  what  are  the  uieusurea  best  litted 
to  ublaiu  justice." 


1; 


^i  i-^ 


392 


*         IM 


Itl' 
t 


'«it'- 


1 


to  have  taken  up  arms.*  A  law  was  passed,  by  which  the  Tariff 
duties  were  to  be  progressively  reduced  Cor  ten  years,  until  they 
were  brouf?ht  so  low  as  not  to  exceed  the  amount  of  supplies  ne- 
cessary to  the  Government.t  Thus  Con,ii;res8  completely  aban- 
doned the  prinoijjle  of  the  Tariff;  and  substituted  a  mere  fiscal 
impost  to  a  system  of  protective  duties.f  The  Government  of  the 
Union,  in  order  to  conceal  its  defeat,  had  recourse  to  an  expedient 
which  is  very  much  in  vogue  with  feeble  governments.  It  yield- 
ed the  point  de  facto,  but  it  remained  inflexible  upon  the  principles 
in  question  ;  and  whilst  Congress  was  altering  the  Tariff  law,  it 
passed  another  bill,  by  which  the  President  was  invested  with  ex- 
traordinary powers,  enabling  him  to  overcome  by  force  a  resis- 
tance which  was  then  no  longer  to  be  aj)prehended. 

But  South  Corolina  did  not  consent  to  leave  the  Union  in  the 
enjoyment  of  these  scanty  trophies  of  success:  the  same  national 
Convention  which  had  annulled  the  Tarili"  bill,  met  again,  and 
accepter!  the  proffered  concession :  but  at  the  same  time  it  de- 
clared its  unabated  perseverance  in  tho  doctrine  of  nullification ; 
and  to  prove  whnt  it  said,  it  annulled  the  law  investing  the  Pres- 
ident with  extraordinary  powers,  although  it  was  very  certain 
that  the  clauses  of  that  law  would  ni'ver  be  carried  into  efibct. 

Almost  all  the  controversies  of  which  I  have  been  speaking 
have  taken  place  under  the  Presidency  of  CJeneral  .Jackson  ;  and 
it  cannot  be  denied  that  in  the  question  of  the  Tarifi*  he  has  sup- 
ported the  claims  of  the  Union  with  vigor  and  with  skill.  I  am 
however  of  opinion  that  the  conduct  of  the  individual  who  now 
represents  the  Federal  (Jovermnent,  may  be  reckoned  as  one  of 
the  dangers  which  threaten  its  continuance. 

iSome  persons  in  Europe  have  formed  an  opinion  of  the  pos- 
sible influence  of  General  Jackson  upon  the  aflairs  of  his  coun- 
try, wliich  appears  highly  extravagant  to  those  who  have  seen 
more  of  the  subject.  We  have  been  told  that  General  .Jackson 
has  won  sundry  battles,  that  he  is  an  energetic  man,  prone  by 
nature  and  by  habit  to  the  use  of  force,  covetous  of  power,  and 
a  despot  by  taste.  All  this  may  perhaps  be  true  ;  but  the  infer- 
ences wliich  have  been  drawn  from  these  truths  are  exceedingly 
erroneous.     It  has  been  imagined  that  General  Jackson  is  bent 


*  Congress  was  finally  decided  to  take  this  step  by  the  conduct  of  the  power 
Stfite  of  Vir^iniii  vvliosc  legisliitiire  oUi-iTd  to  serve  as  a  nicHiator  lietwepu 


iwerfiil 
fgisliitiire  olieiTd  U\  serve  as  a  nicriiator  lietwepu  the 
Union  iind  South  Caioliin.     Hitherto  the  latter  !?tato  had  appeared  to  be  entirely 
abandoned   even  by  the  States  which  had  joined  in  her  reiuunstrances. 
t  This  lyiw  was  passed  on  the  2(1  March,  1833. 

t  This  hill  was  hronglit  in  i>y  vlr.  Clay,  iind  it  passed  in  four  days  through  both 
Houses  of  Congress,  by  an  iuituense  niajoriiy. 


393 


on  establishing^  a  dictatorship  in  America,  on  introducing  a  mil- 
itary spirit,  and  on  giving  a  degree  of  influence  to  the  central 
authority  which  cannot  but  be  dangerous  to  provincial  liberties. 
But  in  America,  the  time  lor  similar  undertakings,  and  the  age 
for  men  of  this  kind  is  not  yet  come  ;  if  General  Jackson  had 
entertained  a  hope  of  exercising  his  authority  in  this  manner,  he 
would  infallibly  have  forfeited  his  political  station,  and  compro- 
mised his  life ;  accordingly  he  has  not  been  so  imprudent  as  to 
make  any  such  attem[)t. 

Far  from  wishing  to  extend  the  Federal  power,  the  President 
belongs  to  the  party  which  is  desirous  of  limiting  that  power  to 
the  bare  and  precise  letter  of  the  Constitution,  and  which  never 
puts  a  construction  upon  that  act,  favorable  to  the  (Government 
of  the  Union  ;  far  from  standing  forth  as  the  champion  of  cen- 
tralization, (ieneral  Jackson  is  the  agent  of  all  the  jealousies  of 
tiie  States  ;  and  he  was  placed  in  the  lofty  station  he  occupies, 
by  the  jiassions  of  the  people  which  are  most  opposed  to  the 
central  Cjovernment.  Jt  is  by  perpetually  flattering  these  pas- 
sions, that  he  maintains  his  station  and  his  popularity.  (Ieneral 
Jackson  is  the  slave  of  the  majority  :  he  yields  to  its  wishes,  its 
propensities,  and  its  demands ;  say  rather,  that  he  anticipates  and 
forestalls  them. 

Whenever  the  governments  of  the  States  come  into  collision 
with  that  of  the  Union,  the  IVesideut  is  generally  the  first  to 
question  his  own  rights  :  he  almost  always  outstrips  the  legisla- 
ture ;  aiul  when  the  extent  of  the  Federal  Power  is  controvert- 
ed, he  takes  part,  as  it  were,  against  himself ;  he  conceals  his 
oHiciid  iiuerests,  and  extinguishes  his  own  natural  inclinations. 
jNot  indeed  that  he  is  naturally  weak  or  hostile  to  the  Union  ;  for 
when  the  majority  decided  against  the  churns  of  the  partisans  of 
nullification,  he  put  himself  at  its  head,  asserted  the  doctrines 
which  the  nation  held,  distinctly  and  energetically,  and  was  the 
iirst  to  recommend  forcible  measures  :  but  General  Jackson  ap- 
pears to  me,  if  1  may  use  the  American  expressions,  to  be  a  Fede- 
ralist by  taste,  and  a  Republican  by  calculation. 

(Jeneral  Jackson  stoops  io  gain  the  favor  of  die  majority  ; 
but  when  he  feels  that  his  popularity  is  secure,  he  overthrows  all 
obstacles  in  the  pursuit  of  the  objects  which  the  community  ap- 
proves, or  of  those  which  it  does  not  look  upon  with  a  jealous 
eye.  He  is  supported  by  a  power  with  which  his  predecessors 
were  unacquainted ;  and  he  tramples  on  his  personal  enemies 
wherever  they  cross  his  path,  with  a  facility  which  no  (prmer 
President  ever  enjoyed ;  he  takes  upon  himself  the  responsibility 
50 


rfj  i 


,  I 


394 


J'    s 

It.    ;• 


< 


iMc:    'I 


of  measures  which  no  one,  before  him,  would  have  ventured  to 
attempt ;  he  «'vcn  treats  the  national  representatives  with  disdain 
approacliiiiff  to  insult ;  hr  puts  his  Veto  uj)on  the  laws  of  (yon- 
press,  and  frequently  nepleets  to  rej)ly  to  that  powerfid  body. 
He  is  a  favorite  who  sometimes  treats  his  master  roughly.  The 
power  of  General  Jackson  perpetually  increases ;  hut  that  of 
the  President  declines :  in  his  hands  the  Federal  Covernnient 
s  strong,  but  it  will  pass  enfeebled  into  the  hands  of  his  suc- 
cessor. 

I  am  strantrely  mistaken,  if  the  Federal  Covernnient  of  tiio 
United  rotates  be  not  constantly  losiui?  strength,  retirint?  giadu- 
ally  from  public  affairs,  and  narrowing'  its  circle  of  action  more 
and  more.  It  is  naturally  feeble,  but  it  now  abandons  even  its 
pretensions  to  stren^Ui.  On  the  other  hanfl,  I  thought  that  I 
remarked  a  mon?  lively  sense  of  independence,  and  a  more  de- 
cided attachment  to  provincial  government,  in  the  t^^tates.  The 
Union  is  to  subsist,  but  to  subsist  as  a  shadow ;  it  is  to  be  strong 
in  certain  cases,  and  weak  in.  all  others ;  in  time  of  warfare,  it 
is  to  be  able  to  concentrate  all  the  forces  of  the  nation  and  all 
the  resources  of  the  count»'y  in  its  hands  ;  and  in  time  of  peace 
its  existence  is  to  be  scarcely  perceptible :  as  if  this  alternate 
debility  and  vigor  were  natural  or  possible. 

I  do  not  foresee  anything  for  the  present  which  may  be  able 
to  cheek  this  general  impulse  of  public  opinion  :  the  causes  In 
which  it  originated  do  not  cease  to  operate  with  the  same  ell'cct. 
The  change  will  therefore  go  on,  and  it  may  be  predicted  that, 
unless  some  extraordinary  event  occurs,  the  Covernment  of  the 
Union  will  grow  weaker  and  weaker  every  day. 

I  think,  however,  that  the  period  is  still  remote,  at  which  the 
Federal  Power  will  be  entirely  extinguished  by  its  inability  to 
protect  itself  and  to  maintain  peace  in  the  country.  The  Union 
is  sanctioned  by  the  manners  and  desires  of  the  people  ;  its  re- 
sults are  palpable,  its  benefits  visible.  When  it  is  perceived 
that  the  weakness  of  the  Federal  Government  compromises  the 
existence  of  the  Union,  I  do  not  doubt  that  a  re-aotion  will  take 
place  with  a  view  to  increase  its  strength. 

The  Government  of  the  United  States  is,  of  al'  the  Federal 
Governments  which  have  hitherto  been  established,  the  one 
which  is  most  naturally  destined  to  act.  As  long  as  it  is  only 
indirectly  assailed  by  the  interpretation  of  its  laws,  and  as  long 
as  its  substance  is  not  seriously  altered,  a  change  of  opitiion,  an 
internal  crisis,  or  a  war,  may  restore  all  the  vigor  which  it  re- 
quires.    The  point  which  I  have  been  most  anxious  to  put  in  a 


395 

clear  licflit  is  simply  this :  Many  people,  especially  in  France, 
iinaf?ino  that  a  chanu:o  in  opinion  is  g'oing  on  in  the  United 
States,  \yhich  is  fUvoriihle  to  a  centralization  of  power  in  the 
hands  of  the  President  and  the  Congress.  I  hold  that  a  con- 
trary tendency  may  distinctly  be  ohserved.  So  far  is  the  Fede- 
ral Government  from  acquirinf?  strength,  and  from  threatening 
the  sovereignty  of  the  States,  as  it  grows  older,  that  I  maintain 
it  to  be  growing  wciiker  and  weaker,  and  that  the  sovereignty 
of  the  Union  alone  is  in  danger.  Such  are  the  facts  which  the 
present  time  discloses.  The  future  conceals  the  final  result  of 
this  tendency,  iuid  the  events  vvhieh  may  check,  retard,  or  acce- 
lerate the  changes  1  have  described ;  but  I  do  not  affect  to  be 
able  to  remove  the  veil  which  hides  them  from  our  sight. 


OP    THE    REPUBLTCAX   INSTITUTIONS    OF  THE  UNITED  STATES, 
AND  WHAT  THEIR  CHANCES  OF  DURATION  ARE. 

Tlie  Union  is  acoiilpiitnl. — Tnc  republican  institui'on«i  have  more  prospect  of  per- 
manence.— A  ropiihlic  for  tlie  present  tlia  natn;al  state  of  the  Anglo-Ameri- 
cans—  Reason  of  this. — In  order  to  destroy  it,  all  tl:e  laws  must  be  changed  at 
the  .«<aine  tinu;,  anil  a  groat  alteration  taUe  jilace  in  u..iMuers. — Difficulties 
experienced  by  the  Americans  in  creating  an  aristocracy. 

The  dismemberment  of  the  Union,  by  the  introduction  of  war 
into  the  heart  of  those  States  which  are  now  confederate,  with 
standing  armies,  a  dictatorship,  and  a  heavy  taxation,  might, 
eventually,  comj)romise  the  fate  of  the  republican  institutions. 
But  we  ought  not  to  confound  the  future  prospects  of  the  repub- 
lic with  those  of  the  I'nion.  The  Union  is  an  accident,  which 
will  only  last  as  long  as  circumstances  are  favorable  to  its  ex- 
istence ;  but  a  republican  form  of  (Government  seems  to  me  to 
be  the  natural  state  of  the  Americans  ;  which  nothing  but  the 
.continued  action  of  hostile  causes,  always  acting  in  the  same 
direction,  could  change  into  a  monarchy.  The  Union  exists 
j)rincipally  in  the  law  which  formed  it;  one  revolution,  one 
change  in  pid)lic  o|)inion,  might  destroy  it  for  ever ;  but  the 
republic  has  a  much  deeper  foundation  to  rest  upon. 
What  is  understood  by  republican  government  in  the  United 


^'r: 


-I 


39C 


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111' 

I*' 
I 


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1 
'I 


Btatcs,  is  tlin  slow  and  quiet  action  of  society  upon  itself.  It  is  a 
regular  stale  of  things  really  fouiided  upon  the  enlij^htened  will  of 
the  people.  It  is  a  conciliatory  govennnent  under  which  reso- 
lutions are  allowed  time  to  ripen ;  and  in  which  they  are  delib- 
erateh  discussed,  and  executed  with  mature  judgment.  The 
republicans  in  the  I'nited  States  set  a  high  value  upon  morality, 
respect  religious  belief,  and  acknowledge  the  existence  of  rights. 
They  profess  to  think  that  a  people  ought  to  be  moral,  religious, 
and  temperate,  in  proportion  as  it  is  free.  What  is  called  the 
republic  in  the  United  (States,  is  the  tranquil  rule  of  the  majo- 
rity, which  after  having  had  tinie  to  examine  itself,  and  to  give 
proof  of  its  existence,  is  the  common  source  of  all  the  powers  of 
the  State.  Jiut  the  power  of  tlie  majority  is  not  of  itself  unlim- 
ited. In  the  moral  world  humanity,  justice,  and  reason  enjoy 
an  undisputed  supremacy ;  in  the  political  world  vested  rights 
are  trealctl  with  no  less  deference.  The  majority  recognises 
these  two  barriers ;  and  if  it  now  and  then  overstep  them,  it  is 
because,  like  individuals,  it  has  passions,  and  like  them,  it  is 
prone  to  do  what  is  wrong,  whilst  it  discerns  what  is  right. 

l>ut  the  demagogues  of  Kurope  have  made  strange  discover- 
ies. A  republic  is  not,  according  to  them,  the  rule  of  the  ma- 
jority, as  has  hitherto  been  thought,  but  the  rule  of  those  wlio  are 
strenuous  partisans  of  the  majority.  It  is  not  the  peo])le  who 
preponderates  in  this  kind  of  government,  but  those  who  are  best 
versed  in  the  good  qualities  of  the  people.  A  happy  distinction, 
which  allows  men  to  act  in  the  name  of  nations  without  consult- 
ing them,  and  to  claim  their  gratitu<le  whilst  their  rights  are 
spurned.  A  republican  govermuent,  moreover,  is  the  only  one 
which  claims  the  right  of  doing  whatever  it  chooses,  andclespis- 
ing  what  men  have  hitherto  respected,  from  the  highest  mor  I 
obligations,  to  the  vulgar  rules  of  common  sense.  It  had  been 
supposed,  until  our  time,  that  despotism  was  odious,  under  what- 
ever form  it  ai)peared.  But  it  is  a  discovery  of  modern  days 
that  there  are  such  things  as  legitimate  tyranny  and  holy  injus- 
tice, provided  they  are  exercised  in  the  name  of  the  jjcople. 

The  ideas  which  the  Amciicans  have  adopted  resjjectiiig  the 
republican  form  of  government,  render  it  easy  lor  tliem  to  live 
under  it,  and  ensure  its  duration.  If,  in  their  country,  this  ixn'in 
be  often  practically  bad,  at  least  it  is  theoretically  good ;  and,  in 
the  end,  the  people  always  acts  in  conformity  to  4t. 

It  was  impossible,  at  the  foundation  of  the  States,  and  it  would 
still  be  difficult,  to  establish  a  central  admhiistration  in  America. 
The  inhabitants  are  dispersed  over  too  great  a  space,  and  separated 


'  i"-:  \, 


397 


by  too  many  natural  obstacles,  for  ono  man  to  undertake  to  dlrert 
the  details  of  their  existenee.  Anieri<a  is  therefore  prc-eniiru  iitly 
tlu!  country  of  |)rovineial  and  nuniicipal  jGjoveriuneut.  To  this 
cause,  which  was  plainly  felt  by  all  the  Europeans  of  the  New 
World,  the  An ^lo- Americans  added  several  others  peculiar  to 
themselves. 

At  the  time  of  the  settlement  of  the  North  American  colonies, 
nuniicipal  liberty  had  already  penetrated  into  the  laws  as  well  as 
the  manners  of  the  Kuiilish,  and  the  emig^rants  adopted  it,  not 
only  as  a  necessary  thiuu;,  but  as  a  benefit  which  they  knew  how 
to  appreciate.  We  have  already  seen  the  manner  in  which  the 
C'olonies  were  founded  :  every  province,  and  almost  every  dis- 
trict, w:as  peojiled  separately  by  men  who  were  stranij;ers  to  each 
other,  or  who  associated  with  very  diHerent  pur[)oses.  The 
Kntilish  settlers  in  the  I'nited  States,  therefore,  early  jjerceived 
that  they  were  divided  into  a  great  number  of  small  and  distinct 
communities  which  belong;ed  to  no  common  centre  ;  and  that  it 
was  needful  for  each  of  these  little  communities  to  take  care  of 
its  own  all-Mrs,  since  there  did  not  appear  to  be  any  central  au- 
thority wh.ch  w as  naturally  bound  and  easily  enabled  to  provide 
for  them.  Thus,  tlv'  nature  of  the  country,  the  manner  in  which 
the  British  Colonies  were  founded,  the  habits  of  the  first  emi- 
grants, in  short  everything',  imited  to  promote,  in  an  extraordi- 
nary degree,  municipal  and  provincial  liberties. 

In  the  United  States,  therefore,  the  mass  of  the  institutions  of 
the  country  is  essentially  republican  ;  and  in  order  permanently 
to  destroy  the  laws  which  form  the  basis  of  die  republic,  it  would 
be  necessary  to  abolish  all  the  laws  at  once.  At  the  present  day, 
it  would  be  even  more  dillicult  for  a  party  to  succeed  in  found- 
ing a  monarchy  in  the  L  niU'd  States,  than  for  a  set  of  men  to 
proclaim  that  Krance  should  hence("orward  be  a  republic.  Roy- 
alty would  not  find  a  system  of  legislation  prepared  for  it  before- 
hand ;  and  a  monarchy  would  then  exist,  really  surrounded  by 
repuldican  institutions.  'I'he  mtJiiarchical  principle  would  like- 
wise have  great  diliiculty  in  penetrating  into  the  manners  of  the 
Americans. 

In  the  I'nited  States,  the  sovereignty  of  die  people  is  not  an 
isolated  doctrine  bearing-  no  relation  to  the  prevailing;  manners 
and  ideas  of  the  peo|)le  :  it  may,  on  the  contrary,  be  regarded  as 
the  last  link  of  a  chain  of  opinions  w  Inch  binds  the  whole  Anglo- 
American  world.  That  I'rovidence  has  given  to  every  human 
being  the  degree  ol"  reason  necessary  to  direct  himself  in  the  af- 
fairs which  interest  him  exclusively  ;  such  is  the  grand  maxim 


r 


Mt 


n 


'%4., 


r^m 


mm 


398 


[!»  1 


upon  which  civil  and  political  society  rests  in  the  United  States. 
The  father  of  a  family  applies  it  to  his  children ;  tlie  ma?tpr  to 
his  servants ;  the  township  to  its  officers ;  the  province  to  its 
townships ;  the  State  to  the  provinces  ;  the  Union  to  thv^  States ; 
and  when  extended  to  the  nation,  it  becomes  the  doctime  of  the 
sovereignty  of  the  people. 

Thus,  in  the  United  States  the  fundamental  principle  of  the 
repu'^Hc  is  the  same  which  governs  the  greater  part  of  human 
actions  ;  republican  notions  insinuate  themselves  into  all  the 
ideas,  opinions,  and  habits  of  the  Americans,  whilst  they  are 
formally  recognised  by  the  legislation  :  and  before  this  legislation 
can  be  altered  the  whole  community  must  undergo  very  serious 
changes.  In  the  United  States,  even  the  religion  of  most  of  the 
citizens  is  republican,  since  it  submits  the  truths  of  the  other  world 
to  private  judgment :  as  in  politics  the  chre  of  its  temporal  in- 
terests is  abandoned  to  the  good  sense  of  the  people.  Thus  every 
man  is  allowed  freely  to  take  that  road  whic*:  \:°  ;hinks  will  lead 
him  to  heaven ;  just  as  the  law  permits  every  citizen  to  have  the 
right  of  choosing  his  government. 

It  i^-  evident  tliat  nothing  but  a  long  series  of  events,  all  hav- 
ing the  same  tendency,  can  substitute  for  this  combination  of 
laws,  opinions,  and  manners,  a  mass  of  opposite  ojiinions,  man- 
ners, and  laws. 

If  republican  principles  are  to  perish  in  America,  they  can 
only  yield  after  a  laborious  sorial  process,  often  interrupted,  and 
as  often  resumed ;  they  will  liave  many  upparent  revivals,  and 
Mill  not  become  totally  extinct  until  an  entirely  new  people  shall 
have  succeeded  to  that  which  now  exists.  Now,  it  must  be  ad- 
mitted that  there  is  no  symptom  or  presage  of  the  approach  of 
such  a  revolution.  There  is  nothing  more  striking  to  a  person 
newly  arrived  in  the  United  States,  than  the  kind  <)f  tumultuous 
agitation  in  which  he  finds  political  society.  The  laws  are  in- 
cessantly changing,  and  at  first  sight  it  seems  impossible  that  a 
people  so  variable  in  its  desires  should  avoid  adopting,  within  a 
short  space  of  time,  a  completely  new  form  of  government. 
Such  apiirehcnsions  are,  however,  premature ;  the  instability 
wlii'^b  ailects  political  institutions  is  of  two  kinds,  which  ought 
not  to  be  confounded :  the  first,  which  modifies  secondary  laws, 
is  not  incompatible  with  a  very  settled  state  of  society  ;  tjjc 
other  siiakes  the  very  foundations  of  the  Constitution,  and  at- 
tacks the  fundamental  principles  of  legislation ;  this  species  of 
instability  is  always  followed  by  troubles  and  revolutions,  and 


I  |i 


399 


m 


I'T' 


the  nation  which  suffers  binder  it,  is  in  a  state  of  violent  transi- 
tion. 

Experience  shoMS  that  these  two  kinds  of  legislative  instability 
have  no  necessary  connexion ;  for  they  have  been  found  united 
or  separate,  according  to  times  and  circumstances.  The  first  is 
common  in  the  United  States,  but  not,  ilic  second :  the  Americans 
often  change  their  laws,  but  the  foundation  of  the  Constitution 
is  respected. 

In  oiir  days  the  republican  principle  rules  in  America,  as  the 
monarchical  principle  did  in  France  under  Louis  XIV.  The 
French  of  that  period  were  not  only  friends  of  the  monarchy, 
but  they  thought  it  impossible  to  ])ut  anything  in  its  place  ;  they 
received  it  as  we  receive  the  rays  of  the  sun  and  the  return  of 
the  seasons.  Amongst  them  the  royal  power  had  neither  advo- 
cate nor  opponents.  In  like  manner  does  the  republican  Gov- 
ernment exist  in  America,  without  contention  or  opposition  ; 
nithout  proofs  and  arguments,  by  a  tacit  agreement,  a  sort  of 
conseimis  universalis.  It  is,  however,  my  opinion  that  by  chang- 
ing their  administrative  forms  as  often  as  they  do,  the  inhabitants 
of  the  United  States  compromise  the  future  stability  of  their 
Government. 

It  may  ])o  apprciiended  that  men,  perpetually  thwarted  in 
their  designs  by  the  mutability  of  the  legislation,  will  learn  to 
look  upon  republican  institutions  as  an  inconvenient  form  of  so- 
ciety ;  the  evil  resulting  from  the  instability  of  the  secondary 
enactments,  might  then  raise  a  doubt  as  to  the  nature  of  the 
fundamental  principles  of  the  Constitution,  and  indirectly  bring 
about  a  revolution  ;  but  this  epoch  is  still  very  remote. 

It  may,  however,  be  foreseen  oven  now,  tiiat  when  the  Ame- 
ricans lose  their  repubhcan  institutions,  they  will  speedily  arrive 
at  a  despotic  Government,  nithout  a  long  interval  of  limited 
monarchy.  Montesquieu  remarked,  that  noUiing  's  more  abso- 
lute than  the  authority  of  a  prince  who  immediately  succeeds  a 
republic,  since  thi'  powers  which  had  fearlessly  been  entrusted  to 
an  elected  magistrate  are  then  transferred  to  an  hereditary  sove- 
reign. This  is  true  in  general,  but  it  is  more  peculiarly  appli- 
cable to  a  democratic  republic.  In  the  United  States,  the 
magistrates  are  not  elected  by  a  particular  class  of  citizens,  but 
by  the  majority  of  the  nation  ;  they  are  the  immediatt  represen- 
tatives of  the  passions  of  the  multitude  ;  and  as  they  are  wholly 
de[)endent  upon  its  pleasure,  they  excite  neither  hatred  nor  fear  : 
hence,  as  I  have  already  shown,  very  little  care  has  been  taken 
to  hmit  their  influence,  and  they  are  left  in  possession  of  a  vast 


■J'H- 


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I  S,' 


400 


»«ii».i«( 

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•*'    J 
If      ' 


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.  1 


deal  of  arbitrary  power.  This  state  of  things  has  engendered 
habits  which  would  outlive  itself;  the  American  magistrate  would 
retain  his  power,  but  he  would  cease  to  be  responsible  for  the 
exercise  of  it ;  and  it  is  impossible  to  say  what  bounds  could 
then  be  set  to  tyranny. 

Some  of  our  European  politicians  expect  to  see  an  aristocracy 
arise  in  America,  and  they  already  predict  the  exact  period  at 
which  it  will  be  alvle  to  assume  the  reins  of  government.  I  have 
previously  observed,  and  I  repeat  my  assertion,  that  the  present 
tendency  of  American  society  appears  to  me  to  become  more 
and  more  democratic.  Nevertheless,  I  do  not  assert  that  the 
Americans  will  not,  at  some  future  time,  restrict  the  circle  of 
political  rights  in  their  country,  or  confiscate  those  rights  to  the 
advantage  of  a  single  individual ;  but  1  cannot  imagine  that 
they  will  ever  bestow  the  exclusive  exercise  of  them  ui)oik  a  privi- 
leged class  of  citizens,  or,  in  other  words,  that  they  will  ever 
found  an  aristocracy. 

An  aristocratic  body  is  composed  of  a  certain  number  of  citi- 
zens, who,  without  being  very  far  removed  from  the  mass  of  tiie 
people,  are,  nevertheless,  permnnently  stationed  above  it :  a  body 
which  it  is  easy  to  touch,  and  ditllcult  to  strike ;  with  which  the 
people  are  in  daily  contact,  but  with  which  they  can  never  com- 
bine. Nothing  can  be  imagined  more  contrary  to  nature  ainl 
to  the  secret  propensities  of  the  human  heart,  than  a  subjection 
of  this  kind ;  and  men,  who  are  left  to  follow  their  own  bent, 
will  always  prefer  the  arbitrary  jiower  of  a  king  to  the  regular 
administration  of  an  aristocracy.  Aristocratic  institutions  can- 
not subsist  without  laying  down  the  inequality  of  men  as  a  fim- 
damental  principle,  as  a  part  and  panel  of  the  legislation, 
affecting  the  condition  of  the  human  family  as  nuuh  as  it  allects 
that  of  society  ;  but  these  are  things  so  re})ugnant  to  natural 
equity  that  they  can  only  be  extorted  from  men  by  '•onstrain^ 

1  do  not  think  a  single  people  ran  be  quoted,  since  iunnaii 
society  began  to  exist,  which  has,  by  its  own  free  will  and  by  its 
own  exertions,  created  an  aristocracy  wUhin  its  own  bosom.  All 
the  aristocracies  of  the  Middle  Ages  were  founded  by  military 
conquest :  the  conqueror  was  the  noble,  the  vanquisli"d  became 
the  serf.  Inequality  was  then  imj)Osed  by  force  ;  and  after  it 
had  been  introduced  into  the  maimers  of  the  coimtry,  it  main- 
tained its  own  authority,  and  was  sanctiojied  by  the  legislation. 
Communities  have  existed  which  were  aristocratic  Irom  their  ear- 
liest origin,  owing  to  circumstances  anterior  to  that  event,  and 
which  became  more  democratic  in  each  succeeding  age.     tSuch 


401 

was  the  destiny  of  the  Romans,  and  of  the  barbarians  after  them. 
But  a  people,  havintj;  tr.\en  its  rise  in  civilization  and  democra- 
cy, which  should  gradually  establish  an  inequality  of  coiiuitions 
until  it  arrived  at  inviolable  privileges  and  exclusive  castes,  would 
be  a  novelty  in  the  world  ;  and  nothing  intimates  that  America 
is  likely  to  furnish  so  singular  an  example. 


:i''> 


REFLECTIOXS  OX  THE  CAUSES  OP    THE  COMMERCIAL  PIIGSPER- 
ITY  OF  THE  UXITED  STATES. 


it 


The  A  moiirans  destined  by  n.iture  to  be  a  great  maritime  people.— Extent  of  their  f  i  b 

coiists.— Deptii  of  their  ports.— Size  of  their  rivers,— Th3  commercial  siipe-  tf'*' 

riority  of  the  Anglo-Americans  less  attributable,  however,  to  physical  circiim-  '^ 

stances  tiiiin  to  moral  and  intellectual  causes.- Reason  of  this  opinion.— Future  .     . 

destiny  of  the  Anglo-Americans  as  a  commercial  nation.— The  dissolution  of  '    , 

the  Union  v.ouldnot  check  the  maritime  vigor  of  the  States.— Reason  of  this.— 
Anglo-Amei leans  will  naturally  supply  the  wants  of  the  inhabitants  of  South 
America— They  will  becouie,  like  the  English,  the  factors  of  a  great  portion  of 
the  world. 


The  coast  of  the  {'nited  States,  from  the  Bay  of  Fundy  to  the 
Sal)ine  River  in  the  CJulf  of  Mexico,  is  more  than  two  thousand 
miles  in  extent,  'riiese  shores  form  an  unbroken  line,  and  they 
are  all  subject  to  tiie  same  (iovermnent.  No  nation  in  the  world 
jjossesses  vaster,  deeper,  or  more  secure  ports  for  shipping  than 
the  Americans. 

The  inhabitants  of  the  United  States  constitute  u  -i-eat  civiliz- 
ed people,  which  fortiuie  has  placed  in  the  midst  of  an  uncuhi- 
vated  country,  at  a  distance  of  three  thousand  miles  from  the 
central  point  of  cilvilization.  America  consequently  stands  in 
daily  need  of  JMirojiean  trade.  The  Americans  will,  no  doubt, 
ultimately  succeed  in  producing  or  manufacturing  at  home  most 
of  the  articles  which  they  require  ;  but  the  two  continents  can 
never  be  independent  of  each  other,  so  numerous  are  the  natural 
ties  which  exist  between  their  wants,  their  ideas,  their  habits, 
and  their  manners. 

The  Union  produces  pectdiar  commodities  which  are  now 
become   necessary   to  us,  but  which  cannot  be  cultivated,  or 
can  only  be  raised  at  an  enormous  expense,  upon  the  soil  of 
61 


•5  »     1 


3  i 


402 


to 
if 


( 


tot 


Europe.  The  Americans  only  consume  a  small  portion  of  this 
produce,  and  they  are  willing  to  sell  us  the  rest.  Europe  is 
therefore  the  market  of  America,  as  America  is  the  market  of 
Europe  ;  and  maritime  commerce  is  no  less  necessary  to  enable 
the  iniiabitants  of  the  United  States  to  transport  their  raw  mate- 
rials to  the  ports  of  Europe,  than  it  is  to  enable  us  to  supply  tiicm 
with  our  manufactured  produce.  The  United  States  were  tiiere- 
fore  necessarily  reduced  to  the  alternative  of  increasing  the  bus- 
iness of  other  maritime  nat'ons  to  a  great  extent,  if  tiiey  had 
themselves  declined  to  enter  ii  to  commerce,  as  the  Spaniards  of 
Mexico  have  hitherto  done  ;  or,  in  the  second  place,  of  becoming 
one  of  the  first  trading  powers  of  the  globe. 

The  Anglo-Americans  have  always  dlsjdayed  a  ^•erv  decided 
taste  for  the  sea.  The  Declaration  of  Independence  broke  the 
commercial  restrictions  which  united  them  to  England,  and  gave 
a  frtsh  and  powerful  stinmlus  to  tiieir  maritime  genius.  Ever 
since  that  time,  the  shipping  of  the  Union  has  increased  in  ahnost 
the  same  rapid  proportion  as  the  miml)er  of  its  inhabitants.  The 
Americans  themselves  now  transport  to  their  own  shores  nine- 
tenths  of  the  European  produce  which  they  consume.*  And  they 
also  bring  three  quarters  of  the  exports  of  die  New  World  to  the 
European  consumer.!  The  ships  of  the  Tnited  States  till  the 
docks  of  Havre  and  of  Liverpool;  whilst  the  number  of  F.ngiisli 
and  French  vessels  which  are  to  be  seen  at  New  York  is  com- 
paratively small.| 

Thus,  not  only  does  the  American  merchant  face  the  compe- 
tition of  his  own  countrynirii,  but  he  even  supports  that  of  for 
eign  nations  in  their  own  ports  witii  success.     This  is  readily  ex- 
plained by  the  fact  that  the  vessels  of  the  I'nited  States  can  cross 
the  seas  at  a  cheaper  rate  than  any  other  vessels  in  the  world. 

*  The  total  value  of  goods  imported  (iuriiiff  the  year  wiiieh  ended  on  the  30th 
Septeiiiher,  iy3"2,  was  r01,l2!),'2Gr)  dnIlarH.  The  value  ol"  tiie  eaij^oes  of  (bnign 
vessels  did  not  amount  to  10,731 ,031*  dolhirs,  or  about  one  tenth  oftiie  entire  siiiu. 

t  The  value  of  goods  exported  during  the  same  year  amounted  to  rt7,l7(i,!(i;{ 
dollars;  the  value  of  goods  exported  by  foreign  vessels  amounted  to  •2l,()3ti.lS{ 
dolhirs,  or  about  one  quarter  of  the  whole  sum.  OVilliams's  Register,  lh33, 
p.  398.; 

t  The  tonnage  of  the  vessels  whieli  ontercl  all  the  ports  of  thi^  Union  in  the 
years  1829,  lf30,  and  lf^31,  amounted  to  3,3(17  T19  tons,  of  wliicl.  544,571  tons 
were  foreign  vessels;  thev  stood  therefore  to  the  Auieriean  M'ssels  iii  a  ratio  of 
about  1()  to  100.  CNational  Calendar,  1H33,  p.  301  )  Tlir  toiuiage  ofthe  I:;iigli>li 
vessels  which  entered  the  ports  of  [.ondon,  Liverpool,  and  Hull,  in  the  years  1H"J(), 
182(5,  and  1H31,  amounted  to  443,800  tons.  The  foreign  vessels  which  eiifcret! 
the  same  ports  during  the  same  years  amounted  to  159,431  tons.  The  ratio  lie- 
tween  them  was  therefore  about  3G  to  100.  (Companion  to  the  Almanac,  1^34, 
p.  1G9.)  In  the  year  1832  tJie  ratio  between  the  foreign  and  British  shii)s  whith 
entered  the  jjorta  of  Great  Britain  was  29  to  100. 


403 


i^i 


As  loncj  as  the  mercantile  shipping  of  the  United  States  preserves 
this  superiority,  it  will  not  only  retain  what  it  has  acquired,  but 
it  will  constantly  increase  in  prosperity. 

It  is  difticult  to  say  for  what  reason  the  Americans  can  trade 
at  a  lower  rate  than  other  nations  ;  and  one  is  at  first  led  to  at- 
tribute this  circumstance  to  the  physical  or  natural  advantages 
which  are  within  their  reach  ;  but  this  supposition  is  erroneous. 
The  American  vessels  cost  almost  as  much  to  build  as  our  own;* 
they  are  not  better  built,  and  they  generally  last  for  a  shorter 
time.  The  pay  of  the  American  sailor  is  more  considerable 
than  the  pay  on  board  European  ships ;  which  is  proved  by  the 
great  number  of  Europeans  who  are  to  be  met  with  in  the  mer- 
chant-vessels of  the  United  States.  But  I  am  of  opinion,  that 
the  true  cause  of  their  superiority  must  not  be  sought  for  in 
physical  advantages,  but  that  it  is  wholly  attributable  to  their 
moral  and  intellectual  qualities. 

Tlie  following  comparison  will  illustrate  my  meaning.     Dur- 
ing the  campaigns  of  the  Revolution  the  French  introduced  a 
new  system  of  tactics  into  the  art  of  war,  which  perplexed  the 
oldest  generals,  and  very  near  destroyed  the  most  ancient  mon- 
archies in  liuropc.     Tiiey  undertook  (what  had  never  befor; 
been  attempted,)  to  make  shift  without  a  number  of  things  which 
had  always  been  held  to  be  indispensable  in  warfare ;  they  re- 
quired nov(>l  exertions  on  the  part  of  their  troops,  which  no  civi- 
lized nations  had  ever  thought  of;  they  achieved  great  actions 
in  an  incredibly  short  space  of  time  ;  and  they  risked  human  life 
without  hesitation,  to  obtain  the  object  in  view.     The  French 
had  less  money  and  lewcn*  men  than  their  enemies  ;  their  re- 
sources were  infinitely  inferior ;  nevertheless  they  were  constant- 
ly victorious,  until  their  adversaries  chose  to  imitate  their  ex- 
ample. 

The  Americans  have  introduced  a  similar  system  into  their 
ct)nu)ii'rcial  speculations ;  and  they  do  for  clieapness  what  the 
French  did  for  contjuest.  The  European  sailor  navigates  with 
j)rn(U'iu-e  ;  he  only  sets  sail  wlu>n  the  weadicr  is  favorable  ;  if  an 
unforeseen  accident  befalls  him,  he  puts  into  port ;  at  night  he 
iiuls  a  portion  ol' his  canvass ;  and  when  the  whitening  billows 
intimate  the  vicinity  of  land,  he  checks  his  way,  and  takes  an 
observation  of  the  sun.  lUit  the  American  neglects  these  pre- 
cautions and  braves  these  dangers.  He  weighs  anchor  in  the 
midst  of  temj)estuous  gales  ;  by  night  and  by  day  he  spreads  his 

*  Materials  arc,  i^eiicrally  speaking,  less  expensive  in  America  than  in  Europe, 
but  tiie  price  ul'lubur  is  mucli  biglier. 


•tl^ 


4 1 


!  f 


404 


?**^u 


I 

I  *  I 


sheets  to  the  wind ;  he  repairs  as  he  goes  along  such  damage  as 
his  vessel  may  have  sustained  from  the  storm ;  and  when  he  at 
last  approaches  die  term  of  his  voyage,  he  darts  onward  to  the 
shore  as  if  he  already  descried  a  port.  The  Americans  are  often 
shipwrecked,  but  no  trader  crosses  the  seas  so  rapidly.  And  us 
they  perform  the  same  distance  in  a  shorter  time,  they  can  per- 
form it  at  a  cheaper  rate. 

The  European  touches  several  times  at  difierent  ports  in  tiie 
course  of  a  long  voyage  ;  he  loses  a  good  deal  of  precious  lime 
in  making  the  harbor,  or  in  waiting  for  a  favorable  wind  to 
leave  it ;  and  he  pays  daily  dues  to  be  allowed  to  remain  there. 
The  American  starts  from  Boston  to  go  to  purchase  tea  in 
China :  he  arrives  at  Canton,  stays  there  a  few  days,  and  then 
returns.  In  less  than  two  years  he  has  sailed  as  far  as  the  en- 
tire circumference  of  the  globe,  and  he  has  seen  land  but  once. 
It  is  true  that  during  a  voyage  of  eight  or  ten  months  he  has 
drunk  brackish  water,  and  lived  upon  salt  meat ;  that  he  has 
been  in  a  continual  contest  with  the  sea,  with  disease,  and  with 
a  tedious  existence  ;  but,  upon  his  return,  he  can  sell  a  pound 
of  his  tea  for  a  halfpenny  less  than  the  English  merchant,  and 
his  purpose  is  accomplished. 

I  cannot  better  explain  my  meaning  than  by  saying  that  the 
Americans  affect  a  sort  of  heroism  in  their  manner  of  trading. 
But  the  European  merchant  will  always  find  it  very  difficult  to 
imitate  his  American  competitor,  who,  in  adopting  the  system 
which  I  have  just  described,  follows  not  only  a  calculation  of 
his  gain,  but  an  impulse  of  his  nature. 

The  inhabitants  of  the  United  States  are  subject  to  all  the 
wants  and  all  the  desires  which  result  from  an  advanced  stage 
of  civilization  ;  but  as  they  are  not  surrounded  by  a  community 
admirably  adapted,  like  that  of  Europe,  to  satisfy  their  wants, 
they  are  often  obliged  to  procure  for  themselves  the  various 
articles  which  education  and  habit  have  rendered  necessaries. 
In  America  it  sometimes  happens  that  the  same  individual  tills 
his  field,  builds  his  dwelling,  contrives  his  tools,  makes  his 
shoes,  and  weaves  the  coarse  stuff'  of  which  his  dress  is  com- 
posed. This  circumstance  is  prejudicial  to  the  excellence  of 
the  work  ;  but  it  powerfully  contributes  to  awaken  the  intelli- 
gence of  the  workman.  Nothing  tends  to  matcrialixe  man,  and 
to  deprive  his  work  of  the  faintest  trace  of  mind,  more  than 
extreme  division  of  labor.  In  a  country  like  America,  where 
men  devoted  to  special  occupations  are  rare,  a  long  appren- 
ticeship cannot  be  required  from  any  one  who  embraces  a  pro- 


t\ 


405 


fession.  The  Americans  therefore  change  their  means  of  gain- 
ing a  livelihood  very  readily ;  and  they  suit  their  occupations 
to  the  exigencies  of  the  moment,  in  the  manner  most  profitable 
to  themselves.  Men  are  to  be  met  with  who  have  successively 
been  barristers,  farmers,  merchants,  ministers  of  the  Gospel, 
and  physicians.  If  the  American  be  less  perfect  in  each  craft 
than  the  European,  at  least  there  is  scarcely  any  trade  with 
which  he  is  utterly  unacquainted.  His  capacity  is  more  gener- 
al, and  the  circle  of  his  intelligence  is  enlarged. 

The  inhabitants  of  the  United  States  are  never  fettered  by 
the  axioms  of  their  profession ;  they  escape  from  all  the  preju- 
dices of  their  present  station  ;  they  are  not  more  attached  to 
one  line  of  operation  than  to  another ;  they  are  not  more  prone 
to  employ  an  old  method  than  a  new  one ;  they  have  no  rooted 
habits,  and  they  easily  shake  off  the  influence  which  the  habits 
of  other  nations  might  exercise  upon  their  minds,  from  a  con- 
viction that  their  country  is  unlike  any  other,  and  that  its  situ- 
ation is  without  a  precedent  in  the  world.  America  is  a  land 
of  wonders,  in  which  everything  is  in  constant  motion,  and 
every  movement  seems  an  improvement.  The  idea  of  novelty 
is  there  indissolubly  connected  with  the  idea  of  amelioration. 
No  natural  boundary  seems  to  be  set  to  the  efibrts  of  man  ;  and 
what  is  not  yet  done  is  only  what  he  has  not  yet  attempted 
to  do. 

This  porjietual  change  which  goes  on  in  the  United  States, 
these  frctpR'nt  vicissiuulcs  of  fortune,  accompanied  by  such  un- 
foreseen Ihutiiatious  in  private  and  in  public  wealth,  serve  to  keep 
the  minds  of  the  citizens  in  a  perpetual  state  of  feverish  agita- 
tion, which  admirably  invigorates  their  exertions,  and  keeps  them 
in  a  state  of  excitement  above  the  ordinary  level  of  mankind. 
The  whole  life  of  an  American  is  passed  like  a  game  of  chance, 
a  revolutionary  crisis,  or  a  battle.  As  the  same  causes  are  con- 
tinually in  operation  throughout  the  country,  they  ultimately 
impart  an  irresistible  impulse  to  the  national  character.  The 
American,  taken  as  a  chance  sj)ecimeu  of  his  countrymen,  must 
then  be  a  man  of  singular  warmth  in  his  desires,  enterprising, 
fond  of  advcMiture,  and  above  all  of  innovation.  The  same 
bent  is  manifest  in  all  that  he  does ;  he  introduces  it  into  his  po- 
litical laws,  his  reliifious  doctrines,  his  theories  of  social  cecono- 
mv,  and  his  domestic  occupations ;  he  bears  it  with  him  in  the 
depth  of  the  back  woods,  as  well  as  in  the  business  of  the  city. 
It  is  the  same  passion,  applied  to  maritime  commerce,  which 
makes  him  the  clieapest  and  the  quickest  trader  in  the  world. 


/ 


I    *     i 


II' 


406 


> 


I 


I 


As  lonj2^  as  the  sailors  of  the  United  States  retain  these  inspir- 
iting advantages,  and  tlie  practical  superiority  which  they  derive 
from  them,  they  will  not  only  continue  to  supply  the  wants  of 
the  producers  and  consumers  of  their  own  country,  but  they  will 
tend  more  and  more  to  become,  like  the  English,  the  factors  of 
all  other  peoples.*  This  prediction  has  already  begun  to  be 
realised  ;  we  perceive  that  the  American  traders  are  introducine; 
themselves  as  intermediate  agents  in  the  commerce  of  several 
European  nations  ;f  and  America  will  offer  a  still  wider  field  to 
their  enterprise. 

The  great  colonies  which  were  founded  in  South  America  by 
the  Spaniards  and  the  Portuguese  have  since  become  empires. 
Civil  war  and  oppression  now  lay  waste  those  extensive  regions. 
Population  does  not  increase,  and  the  thinly-scattered  inhabit- 
ants are  too  much  absorbed  in  the  cares  of  self-defence  even  to 
attempt  any  amelioration  of  their  condition.  Such,  however, 
will  not  always  be  the  case.  Europe  has  succeeded  by  her  own 
efforts  in  piercing  the  gloom  of  the  Middle  Ages ;  Soutii  Ame- 
rica has  the  same  Christian  laws  and  Christian  manners  as  we 
have  ;  she  contains  all  the  germs  of  civilization  which  have 
grown  amidst  the  nations  of  Europe  or  their  offsets,  added  to  the 
advantages  to  be  derived  from  our  example :  why  then  should 
she  always  remain  uncivilized  ?  It  is  clear  that  the  question  is 
simply  one  of  time ;  at  some  future  period,  which  m;iy  be  more 
or  less  remote,  the  inhabitants  of  South  America  will  constitute 
flourishing  and  enlightened  nations. 

But  when  the  Spaniards  and  Portuguese  of  South  America 
begin  to  feel  the  wants  common  to  all  civilized  nations,  tiiey  will 
still  be  unable  to  satisl^'  those  wants  lor  themselves  ;  as  the  young- 
est children  of  civilization,  they  must  perforce  admit  the  superi- 
ority of  their  elder  brethren.  They  will  be  agriculturists  long 
before  they  succeed  in  manufactures  or  commerce,  and  they  will 
require  the  mediation  of  strangers  to  exchange  their  jiroduce  be- 
yond seas  for  those  articles  for  which  a  demand  will  begin  to  be 
felt. 

It  is  unquestionable  that  the  Americans  of  the  North  will  oik^ 

*  It  niiiRt  not  be  supposed  that  Enulish  vessels  are  exclusively  employed  in 
transporting  foreign  produce  into  England,  or  British  produce  !<»  foreign  coun- 
tries: at  the  present  day  the  merchant  shipping  of  England  may  he  regarded  in 
the  lisht  of  a  vast  system  of  public  conveyances,  ready  to  serve  all  the  producers 
of  the  world,  and  to  open  connuiinications  between  all  peoples.  Tlie  maritime 
genius  of  the  Americans  prompts  them  to  enter  into  competition  witii  tlie  klnglish. 

t  Part  of  the  commerce  of  the  Mediterranean  is  already  carried  on  by  Ameri- 
cau  vessels. 


I        ,! 


■4 


North  will  one 


407 

day  supply  the  wants  of  the  Americans  of  the  South.  Nature 
Jjas  placed  them  in  contiguity  ;  and  has  furnished  the  former  with 
every  means  of  knowing  -md  apprcciatino:  those  demands,  of 
establishing  a  permanent  connexion  with  those  States,  and  of 
gradually  fdling  ilieir  markets.  The  merchant  of  the  United 
k<tatcs  could  only  forfeit  these  natural  advantages  if.  he  were  very 
inferior  to  the  merchant  of  Europe;  to  whom  he  is,  on  the  con- 
trary, superior  in  several  respects.  The  Americans  of  the  Uni- 
ted ^States  already  exercise  a  very  considerable  moral  influence 
upon  all  the  peoples  of  the  New  World.  They  are  the  source 
of  intelligence,  and  all  the  nations  which  inhabit  the  same  conti- 
nent are  already  accusvomed  to  consider  them  as  the  most  enlight- 
ened, the  most  powerful,  and  the  most  wealthy  members  of  the 
great  American  family.  All  eyes  are  therefore  turned  towards 
die  L'nion;  and  the  States  of  which  that  body  is  composed  are 
the  mod(!ls  which  the  other  communities  try  to  imhate,  to  the 
best  of  their  power  :  it  is  from  the  United  States  that  they  bor- 
row their  political  principles  and  their  laws. 

The  AmericMns  of  the  United  States   stand  in  precisely  the 
same  position  with   regard  to  the  peoples  of  South  America  as 
their  fathers,  the  English,  occupy  with  regard  to  die  Italians,  the 
Spaniards,   die   INirtuguese,  and  all  those  nations   of  Europe 
which  receive  dieir  articles  of  daily  consumption  from  England, 
because  Uiey   are  less  advanced  in  civilization  and  trade.     En- 
gland is  at  this  time  the  natural  emporium  of  almost  all  the  na- 
tions which  are  within  its  reach  ;  the  American  Union  will  per- 
form the  same  part  in  the  other  hemisphere  ;  and  every  commu- 
nity which  is  founded,  or  which  prospers  in  the  New   World,  is 
founded  and  prospers  to  the  advantage  of  the  Anglo-Americans. 
If  the  Union  were  to  be  dissohed,  the  commerce  of  the  States 
which  now  compose  it  w  (ndd  undoubtedly  be  checked  for  a  time ; 
but  this  consequence  would  be  less  perceptible  than  is  generally 
supposed.     It  is  evident  that  whatever  may  happen,  the  com- 
mercial States  will  remain  united.     They  are  all  contiguous  to 
each  other ;    they  have  identically  the  same  opinions,  uiterests, 
and  manners ;  and  they  are  alone  competent  to  form  a  very 
great  maritime  power.     Even  if  the  South  of  the  Union  were  to 
become  independent  of   the  NorUi,  it  would  still  require  the 
services  of  those  States.     I  have   already    observed   that  the 
South  is  not  a  'commercial  country,  and  noUiing  intimates  that 
it  is  likely  to  become  so.     The  Americans  of  the  South  of  the 
United  States  will  therefore  be  obliged,  for  a  long  time  to  come, 
to  have  recourse  to  strangers  to  export  their  produce,  and  to 


I 


1^ 


V. 


*j- 


Ml 


J 


408 


("•"flu 


supply  them  with  the  commodities  which  are  requisite  to  satisfy 
their  wants.  But  the  Northern  States  arc  undoubtedly  able  to 
act  as  their  intermediate  airents  cheaper  than  any  other  mer- 
chants. They  will  therefore  retain  that  emi)loyment,  for  cheap- 
ness is  the  sovereign  law  of  commerce.  National  claims  and 
national  prejudices  cannot  resist  the  infl'ience  of  cheapness. 
Nothing  can  he  more  virulent  than  the  hatred  which  exists  be- 
tween the  Americans  of  the  United  States  and  the  English. 
But  notwithstanding  these  inimical  feelings,  the  Americans  de- 
rive the  greater  part  of  their  manufactured  commodities  from 
England,  because  England  supplies  them  at  a  cheaper  rate  than 
any  other  nation.  Thus  the  increasing  prosperity  of  America 
turns,  notwithstanding  the  grudges  of  the  Americans,  to  the  ad- 
vantage of  British  manufactures. 

IJeason  shows  and  experience  proves  that  no  commercial 
prosperity  can  be  durable  if  it  cannot  be  united,  in  case  of  need, 
to  naval  force.  This  truth  is  as  well  understood  in  the  United 
States  as  it  cap  be  anywhere  else  :  the  Americans  are  already 
able  to  make  their  flag  respected ;  in  a  few  years  they  will  be 
able  to  make  it  feared.  I  am  convinced  that  the  dismemberment 
of  the  Union  would  not  have  the  effect  of  diminishing  the  naval 
power  of  the  Americans,  but  that  it  would  powerfully  contribute 
to  increase  it.  At  the  present  time  the  commercial  States  are 
connected  with  others  which  have  not  the  same  interests,  and 
which  frequently  yield  an  unwilling  consent  to  the  increase  of  a 
maritime  power  by  which  they  are  only  indireclly  benefited.  Tf, 
on  the  contrary,  the  commercial  States  of  the  Union  formed  one 
independent  nation,  commerce  would  become  the  foremost  of 
their  national  interests ;  they  would  consequently  be  willing  to 
make  very  great  sacrifices  to  protect  their  shi])ping,  rnd  nothintj: 
would  prevent  them  Irom  pursuing  their  design?  upon  this 
point. 

Nations,  as  well  as  men,  almost  always  betray  themost  prom- 
inent features  o[  their  future  destiny  in  their  earli.'st  years. 
When  I  contemplate  the  ardor  with  which  the  Anglo-Americans 
prosecute  commercial  enterprise,  the  advantages  which  befriend 
them,  and  the  success  of  their  undertakings,!  cannot  refrain  from 
believing  that  they  will  one  day  become  the  first  maritime  power 
of  the  globe.  They  are  born  to  rule  the  seas,^  as  the  Komans 
were  to  conquer  the  world. 


409 


COXCLUSION. 


-■"I, 


4 


I  HAVE  now  nearly  reached  the  rlose  of  my  inquiry  :  hitherto^ 
in  speakinuf  of  tiio  future  destiny  of  tiie  United  States,  I  have 
endeavored  to  divide  my  subject  into  distinct  portions,  in  order 
to  study  each  of  tiiem  with  more  attention.  My  present  object 
is  to  embrace  the  whole  from  one  sinjz:le  point ;  the  remarks  I 
shall  make  will  be  less  detailed,  but  they  will  be  more  sure.  I 
siiall  perceive  each  object  less  distinctly,  but  I  shall  descry  the 
principal  facts  witli  more  certainty.  A  traveller,  who  has  just 
left  the  walls  of  an  innnense  city,  climbs  the  neighborinci;  hill ; 
as  he  f^oes  further  off  he  loses  siu,ht  of  the  men  whom  he  has  so 
recently  quitted  ;  their  dwellin(i;s  are  confused  in  a  dense  mass  ; 
he  can  no  longer  distinguish  the  public  sf|uares,  and  he  can 
scarcely  trace  out  the  iLi^reat  thoroughfares ;  but  his  eye  has  less 
didic  ulty  in  followin;^  the  boundaries  of  the  city,  and  for  the  first 
time  he  sees  the  s!'.ape  of  the  vast  \\lu)le,.  tSuch  is  the  future 
destiny  of  the  lirUish  race  in  North  America  to  my  eye;  the  de- 
tails of  the  stuj)endous  picture  are  overhung  with  shade,  but  I 
conceive  a  clear  idea  of  the  entire  subject. 

The  territory  now  occu[)ied  or  possessed  by  the  United  States 
of  America  forms  about  one-tweatieth  part  of  the  habitalde  earth. 
\][\t  extensive  as  these  confines  are,  It  nmst  not  be  supposed  that 
the  Anglo-American  race  will  always  remain  within  them  ;  indeed, 
it  has  already  far  ov<'rstej)p('d  them. 

There  was  once  a  time  at  which  we  also  might  have  created  a 
great  French  nation  in  the  American  wilds,  to  counterbalance 
the  infiuence  of  the  I'liirlish  upon  the  destinies  of  the  Aew  World. 
France  fi>rmerly  possessed  a  territory  in  North  America,  scarcely 
less  extensive  than  the  whole  of  Furope.  The  three  greatest 
rivei's  of  that  continent  then  llowed  within  her  dominions.  The 
Indian  tribes  which  dwelt  between  the  mouth  of  the  St.  Lawrence 
and  the  delta  of  the  Mississippi  were  muu'customed  to  any  other 
tongue  but  ours ;  and  all  tlie  l"'nropean  settlements  scattered 
over  that  innnense  region  recalled  the  traditions  of  our  country. 
Louis])ourg,  iNFontmorency,  Duquesne,  Saint-Louis,  X'incennes, 
^cw  ( )rleans,  (for  such  were  the  names  they  bore,)  are  words 
dear  to  France  and  familiar  to  our  ears. 

But  a  concoi..'se  of  circumstances,  which  it  would  be  tedious 

52 


'4 


I'- 


410 


'\ 


if  ;i 


lit. 
$»' 
I 


I 


to  enumorato,*  Imvc  dcprivpd  us  of  this  mapjnificcnt  inheritance. 
Wherever  the  French  settlers  were  numerically  weak  and  par- 
tially established  Uiey  have  disappeared  :  those  who  remain  are 
collected  on  a  small  extent  of  country,  and  are  now  subject  to 
other  laws.  The  400,000  French  inhabitants  of  Lower  Canada, 
constitute,  at  the  present  time,  the  remnant  of  an  old  nation  lost 
in  the  midst  of  a  new  people.  A  foreign  population  is  increas- 
ing around  them  unceasingly  and  on  all  sides,  which  already 
penetrates  amongst  the  ancient  masters  of  the  country,  predom- 
inates in  their  cities,  and  corrupts  their  language.  This  popu- 
lation is  identical  with  that  of  the  United  States  ;  it  is  therefore 
wiUi  trudi  that  I  asserted  that  the  British  race  is  not  confmod 
within  the  frontiers  of  the  Union,  since  it  already  extends  to  the 
North-east. 

To  the  North-west  nodiing  is  to  be  met  with  but  a  few  insigni- 
ficant Kussian  settlements;  but  to  the  iSouth-west, Mexico  pre- 
sents a  barrier  to  die  Anglo-Americans.  Thus,  the  Spaniards 
and  the  Anglo-Americans  are,  properly  speaking,  the  only  two 
races  which  divide  the  possession  of  the  New  World.  The 
limits  of  separation  between  them  have  been  settled  by  a  treaty; 
but  although  the  conditions  of  that  treaty  are  exceedingly  favor- 
able to  the  Anglo-Americans,  I  do  not  doubt  that  they  will 
shortly  infringe  this  arrangement.  Vast  provinces,  extending 
beyond  the  frontiers  of  the  Union  towards  Mexico,  are  still  des- 
titute of  inhabitants.  The  natives  of  the  United  States  will 
forestall  the  rightful  occupants  of  these  solitary  regions.  They 
will  take  possession  of  the  soil,  and  establish  social  institutions, 
so  that  when  the  legal  owner  arrives  at  length,  he  will  fii.'d  the 
wilderness  under  cultivation,  and  strangers  quietly  settled  in  tlic 
midst  of  his  inheritance. 

The  lands  of  the  New  World  belong  to  the  first  occupant, 
and  they  arc  the  natural  reward  of  the  swiftest  pioneer.  Imcii 
the  countries  which  are  already  peopled  will  have  some  ilifnculty 
in  securing  themselves  from  this  invasion.  I  have  already  al- 
luded to  what  is  taking  place  in  the  province  of  Texas.  The 
inhabitants  of  die  United  States  are  perpetually  migrating  to 
Texas,  where  they  purchase  land  ;  and  although  they  conform 
to  the  laws  of  the  country,  they  are  gradually  founding  the  em- 
pire of  their  own  language  and  their  own  manners.     The  prov- 

*  The  foremost  of  these  circumstances  is,  that  nations  which  are  accustomed 
to  free  institutions  and  municipal  government  are  better  able  than  any  others  to 
found  prosperous  colonies.  The  habit  of  thinking  and  governing  for  oneself  is 
indispensable  in  a  new  country,  where  success  necessarily  depends,  in  a  great 
measure,  upon  the  individual  exertions  of  the  settlers. 


411 


ices,  extruding 


ince  of  Texas  is  still  part  of  the  Mexican  dominions,  but  it  will 
soon  contniu  no  Mexicans :  tiie  same  thing  has  occurred  when- 
ever the  Aniflo  Americans  have  come  into  contact  with  popula- 
tions of  a  dillerent  orifi;^ln. 

It  cannut  be  denied  that  the  British  race  has  acquired  an 
amazin;^  preponderance  over  all  the  oUier  European  races  in  the 
New  World  ;  and  that  it  is  very  superior  to  them  in  civilization, 
in  industry',  and  in  power.  As  long  as  it  's  only  surrounded  by 
desert  or  thiidy-peopled  countries,  as  long  as  it  encounters  no 
dense  populations  upon  its  route,  through  whicii  it  cannot  work 
its  way,  it  will  assuredly  continue  to  spread.  The  lines  marked 
out  by  treaties  will  not  stop  it ;  but  it  will  every  where  transgress 
tliese  imaginary  barriers. 

The  geographical  position  of  the  British  race  in  the  New 
World  is  peculiarly  favorable  to  its  rapid  increase.  Above  its 
northern  frontiers  the  icy  regions  of  the  Pole  extend  ;  and  a  (cw 
degrees  below  its  southern  confines  lies  the  burning  climate  of 
the  i'.quator.  The  Anglo-Americans  are  therefore  placed  in  the 
most  temperate  and  habitable  zone  of  the  continent. 

It  is  generally  supposed  that  die  prodigious  increase  of  popu- 
lation in  the  United  States  is  posterior  to  their  Declaration  of  In- 
dej)en(lence.  Jiut  this  is  an  error :  the  population  increased  as 
rapidly  under  the  colonial  system  as  it  does  at  the  present  day  ; 
that  is  to  say,  it  doubled  in  about  twenty-two  years.  But  this 
pr()|)ortion,  which  is  now  applied  to  millions,  was  then  applied 
to  thousands,  of  inhabitants ;  and  the  same  fact  which  was 
scaiA  1 1^    noticeable  a  century  ago,  is  now  evident  to  every  ob- 


server. 


The  British  subjects  in  Canada,  who  are  dependent  on  a 
king,  augment  and  spread  almost  as  rapidly  as  the  British  set- 
tlers of  the  United  State?.,  who  live  imder  a  republican  (lovern- 
iiiont.  During  the  War  of  Independence,  wliich  lasted  eight 
years,  the  j)t)pulation  coutiimed  to  increase  widiout  intermission 
in  the  same  ratio.  Akhough  powerful  Indian  nations  allied  with 
the  English  existed,  at  that  time,  upon  the  western  frontiers,  the 
emigration  westward  was  never  ch(!cked.  Whilst  the  enemy  laid 
waste  the  shores  of  the  Atlantic,  Kentucky,  the  western  parts  of 
Pennsylvania,  and  the  States  of  N'ermont  and  of  Maine  were 
filling  with  inhabitants.  Nor  did  the  unsettled  state  of  the  Con- 
stitution, which  succeeded  the  war,  prevent  the  increase  of  the 
population,  or  stop  its  progress  across  the  wilds.  Thus,  the  dif- 
ference of  laws,  the  various  conditions  of  peace  and  war,  of  or- 
der and  of  anarchy,  have  exercised  no  perceptible  influence  upon 


4 


I  . 


tv 


;  I  • 

'i ! 


-ili^v 


412 


y;i 


#"^.1 


I 


I 


1) 
■  ii 


the  gradual  development  of  the  Anglo-Americans.  This  may 
be  readily  understood  ;  for  the  fact  is,  that  no  causes  are  suffi- 
ciently p:cnpral  lo  exercise  a  simultaneous  influence  over  the  whole 
of  so  extensive  a  territory.  On^  ))ortion  of  the  country  always 
oflers  a  sure  retreat  from  the  calamities  which  alllict  another  part ; 
and  however  great  may  be  the  evil,  the  remedy  w  hich  is  at  hand 
is  greater  still. 

It  must  not,  then,  be  imagined  that  the  impulse  of  the  British 
race  in  the  New  World  can  be  arrested.  The  dismemberment 
of  the  Union,  and  the  hostilities  which  might  ensue,  the  abolition 
of  republican  institutions,  and  the  tyrannic  al  gover"ment  which 
might  succeed  it,  may  retard  this  impulse,  but  they  cannot  pre- 
vent it  from  ultimately  fulfdling  the  destinies  to  which  that  race 
is  reserved.  No  nower  upon  earth  can  close  upon  the  emigrants 
that  fertile  wilderness  which  offers  resources  to  all  industry  and  a 
refuge  from  all  want.  Future  events,  of  whatever  nature  tl)ey 
may  be,  will  not  deprive  the  Americans  of  their  climate  or  of  their 
inland  seas,  of  their  crreat  rivers  or  of  their  exuberant  soil.  Nor 
will  bad  laws,  revolutions,  and  anarchy,  be  ahle  to  obliterate  that 
love  of  prosperity  and  that  sjiirit  of  enterprise  which  seem  to  ho 
the  distinctive  characteristics  of  their  race,  or  to  extinguish  that 
knowledge  which  guides  them  on  their  way. 

Thus,  in  the  midst  of  the  uncertain  future,  one  event  at  lensl 
is  sure.  At  a  period  which  may  be  said  to  be  near,  (for  we  arc 
speaking  of  the  life  of  a  nation,)  the  Anglo-Americans  will  alone 
cover  tiie  immense  space  contained  between  the  Polar  regions 
and  the  Tropics,  exlending  from  the  con  ts  of  the  Atlantic  to 
the  shores  of  the  Pacific  Ocean.  The  territory  which  will  pro- 
bably be  occupied  by  the  Anii'lo-Americans  at  some  fulure  time, 
may  be  computed  to  equal  three  qiuu'ters  of  Kuroj)e  in  extent.* 
The  climate  of  the  Union  is  ujjon  t)u-  >>  hole  preferahle  to  tliat  of 
Kurope,  and  its  natural  advantages  are  not  less  great ;  it  is  there- 
fore evident  that  its  population  will  at  some  future  time  be  j)ro- 
portioiiate  to  our  own.  Europe,  divided  as  it  is  between  so  many 
diflerent  nations,  and  torn  as  it  has  been  by  incessant  wars  and 
the  barbarous  manners  of  the  Middle  Ages,  has  notwithstandinii' 
attained  a  population  of  410  inhabitants  to  the  sqiiare  U.igue.f 
What  cause  can  prevent  the  United  {States  from  having  as  nu- 
merous a  population  in  time  ? 

*  Tiie  United  Pffitrs  nlrendy  eytend  over  n  territory  efnial  to  one  half  of  Fii- 
rope.  The  areu  of'Europe  is ;')()(»,()()()  sijuare  leagues,  and  its  population  5i05,OuO,(K.O 
uf  iiiliabltnnts.     (Maitebriiii,  '^'.  114.  vol.  vi.  p.  i.) 

t  See  Maltebrmi,  liv.  116.  vo.  vi.  p.  92. 


413 


Many  ages  must  elapse  before  the  divers  ofTsets  of  the  British 
race  in  America  cease  to  present  the  same  homogeneous  charac- 
teristics :  and  tlic  time  caimot  be  foreseen  at  which  a  permanent 
inequality  of  conditions  will  be  established  in  the  New  World, 
Whatever  diU'erences  may  arise,  from  peace  or  from  war,  from 
freedom  or  oppression,  from  prosperity  or  want,  between  the  des- 
tinies of  the  dillcrent  descendants  of  the  great  Anglo-American 
family,  they  will  at  least  preserve  an  analogous  social  condition, 
and  they  will  hold  in  com  non  the  customs  and  the  opinions  to 
which  tiiat  social  condition  has  given  birth. 

Ill  the  Middle  Ages,  the  tie  of  religion  was  sufficiently  pow- 
erful to  imliae  ad  the  diflerent  populations  of  Europe  with  the 
same  civilization.  The  13ritisli  of  the  New  World  have  a 
thousand  other  reciprocal  ties;  and  they  live  at  a  time  when 
the  tendency  to  equality  is  general  amongst  mankind.  The 
JMiddle  Ages  were  a  period  when  everylMng  was  broken  up; 
when  each  people,  each  province,  each  city,  and  each  family, 
had  a  strong  tendency  to  mriintain  its  distinct  individuality. 
At  the  present  time  an  opposite  tendency  seems  to  prevail,  and 
the  nations  seem  to  be  advancing  to  unity.  Our  means  of  in- 
tellectual Intercourse  unite  the  most  remote  parts  of  the  earth  ; 
and  it  is  impossible  for  men  to  remain  strangers  to  each  other, 
or  to  be  ignorant  of  the  events  which  are  taking  place  in  any 
corner  of  the  globe.  The  consequence  is  that  tliere  is  less  dif- 
ference, at  the  present  day,  between  the  Europeans  and  their 
descendants  in  the  New  World,  than  there  was  between  certain 
towns  in  the  tliirleenlh  century,  w!)ich  were  only  separated  by 
a  river.  If  this  tendency  to  assimilation  brings  foreign  nation' 
closer  to  each  other,  it  must  a  fortiori  prevent  the  descendant.  ^  ^ 
of  the  same  peojile  from  becoming  aliens  to  each  other. -.;:n^-ri  ■  \^^-^ 
The  time  will  therefore  come  when  one  hun(k^^n'd  fifty  :*'^  C) 
millions  of  men  will  be  living  in  North  America,*  equal  in  con-  '^ 

dition,  the  progeny  of  one  race,  owing  their  origin  to  the  same 
cause,  and  preserving  the  same  civilization,  the  same  language, 
the  same  religion,  the  same  habits,  the  same  manners,  and  im- 
bued with  the  same  opinions,  propagated  under  the  same  forms. 
The  rest  is  uncertain,  but  this  is  certain  ;  aad  it  is  a  fact  new 
to  the  world,  —  a  fact  fraught  with  such  portentous  conse- 
quences as  to  balUe  the  ellbrts  even  of  the  imagination. 


K\9^ 


*  This  would  1)0  a  population  piopoitionate  to  that  of  Europe,  taken  at  amean 
rate  of  41C  iuhabitauts  to  the  square  league. 


414 


i!     I 


There  are,  at  the  present  time,  two  great  nations  in  the  1 
world,  which  seem  to  tend  towards  the  same  end,  although 
they  started  from  different  points  :  I  allude  to  the  Russians  and 
the  Americans.  Both  of  them  have  grown  up  unnoticed  ;  and 
whilst  the  attention  of  mankind  was  directed  elsewhere,  they 
have  suddenly  assumed  a  most  prominent  place  amongst  the 
nations  :  and  the  world  learned  their  existence  and  their  great- 
ness at  almost  the  same  time. 

All  other  nations  seem  to  have  nearly  reached  their  natural 
limits,  and  only  to  be  charged  with  the  maintenance  of  their 
power:  but  these  are  still  in  the  act  of  growth  :*  all  the  others 
are  stopped,  or  continue  to  advance  with  extreme  difficulty ; 
these  are  proceeding  with  ease  and  with  celerity  along  a  path 
to  which  the  human  eye  can  assign  no  term.  The  American 
struggles  against  the  natural  obstacles  which  oppose  him  ;  the 
adversaries  of  the  Russian  are  men:  the  former  combats  the 
wilderness  and  savage  life  ;  the  latter,  civilization  with  all  its 
weapons  and  its  arts  :  the  conquests  of  the  one  are  therefore 
gained  by  the  ploughshare  ;  those  of  the  other,  b'"  the  sword. 
The  Anglo-American  relies  upon  personal  interest  to  accom- 
plish his  ends,  and  gives  free  scope  to  the  unguided  exertions 
and  common  sense  of  the  citizens  ;  the  Russian  centres  all  the 
authority  of  society  in  a  single  arm:  the  principal  instrument 
of  the  former  is  freedom  ;  of  the  latter,  servitude.  Their  start- 
ing-point is  different,  and  their  courses  are  not  the  same  ;  yet 
each  of  them  seems  to  be  marked  out  by  the  will  of  Heaven  to 
sway  the  destinies  of  half  the  globe. 

*  Russia  is  the  country  in  the  Old  World  in  which  population  increases  most 
rapidly  in  proportion. 


r 


415 


APPENDIX. 


1  increases  most 


APPENDIX  A.— Page  3. 

For  information  concerning  all  tlie  countries  of  the  West  which 
have  not  been  visited  by  Europeans,  consult  the  account  of  two  ex- 
peditions undertaken  at  tiic  expense  of  Congress  by  Major  Long. 
Tiiis  traveller  particularly  mentions,  on  the  subject  of  the  great 
American  d;  .ert,  that  a  line  may  be  drawn  nearly  parallel  to  the 
20ih  degree  of  longitude*  (meridian  of  Washington,)  beginning  from 
the  Red  River  and  ending  at  the  river  Platte.  From  this  imaginary 
line  to  the  Rocky  Mountains,  which  bound  the  valley  of  the  Missis- 
sippi on  the  West,  lie  immense  plains,  which  are  almost  entirely 
covered  with  sand  incapable  of  cuUivatjon,  or  scattered  over  wiih 
masses  of  granite.  In  summer  these  plains  are  quite  destitute  of 
water,  and  nothing  is  to  be  seen  on  them  but  herds  of  buflTiiloes  and 
wild  horses.  Some  hordes  of  Indians  are  also  found  there,  but  in  no 
great  number. 

Major  Long  was  told  that  in  travelling  northwards  from  the  river 
Platte  you  find  the  san»e  desert  lying  constantly  on  the  left ;  but  ho 
was  unable  to  acertain  the  truth  of  this  report.  (Long's  Expedition, 
vol.  ii.  p. 36L) 

However  worthy  of  confidence  may  be  the  narrative  of  Major 
Long,  it  must  be  remembered  that  he  only  passed  through  the 
country  of  which  he  speaks,  without  deviating  widely  from  the  line 
which  he  had  traced  out  for  his  journey. 


•  The  20th  degree  of  longitude  according  to  the  meridian  of  Wasjungton, 
agrees  very  nearly  with  the  97th  degree  on  the  meridian  of  Greenwich. 


416 


APPENDIX  B.—Page  4. 

South  America,  in  the  regions  between  the  tropics,  produces  an 
incredible  profusion  of  cliinbing-plants,  of  which  the  Flora  of  the 
Antilles  alone  presents  us  with  forty  differont  species. 

Anriong  the  most  graceful  of  these  shrubs  is  the  Passion-flower, 
which,  according  to  Descourtiz,  grows  witlj  such  luxuriance  in  the 
AntiHes,  as  to  climb  trees  by  means  of  the  tendrils  with  which  it  is 
provided,  and  form  moving  bowers  of  rich  and  elegant  festoons,  dec- 
orated with  blue  and  purple  flowers,  and  fragrant  with  perfunie. 
(Vol.  i.  p.  265.) 

The  Mimosa  scondcns  (Acacia  ?i  grandes  gousses)  is  a  creeper  of 
enormous  and  rapid  growth,  which  clin)bs  from  tree  to  tree,  and 
sometime  covers  more  than  half  a  league.     (Vol.  iii.  p.  227.) 


ill' 


1     \ 


APPENDIX  C— Page  G. 

The  languages  which  are  spoken  by  the  Indians  of  America,  from 
the  Pole  to  Cape  Horn,  are  said  to  be  all  formed  upon  the  same 
model,  and  subject  lo  the  same  grammatical  rules  ;  whence  it  may 
fairly  be  concluded  that  all  the  Indian  nations  sprang  from  the  same 
stock. 

Each  tribe  of  the  American  continent  speaks  a  diflerent  dialect ; 
but  the  number  of  languages,  properly  so  called,  is  very  small,  a 
fact  which  tends  to  prove  that  the  nations  of  the  New  VV^orld  had  not 
a  very  remote  origin. 

Moreover,  the  languages  of  America  have  a  great  degree  of  regu- 
larity ;  from  which  it  seems  probable  that  the  tribes  which  employ 
them  had  not  undergone  any  great  revolutions,  or  been  incorporated, 
voluntirily  or  by  constraint  with  Ibreign  nations.  For  it  is  generally 
the  union  of  several  languages  into  one  which  produces  grammatical 
irregularities. 

It  is  not  long  since  the  American  languages,  especially  those  of 
the  North,  first  attracted  the  serious  attention  of  philologists,  when 
the  discovery  was  made,  that  this  idiom  of  a  barbarous  people  was 
the  product  of  a  complicated  system  of  ideas  and  very  learned  com- 


417 


produces  an 
Flora  of  the 

sslon-flower, 
iance  in  llie 
h  which  it  is 
estoons,dec- 
ith  perfume. 

a  creeper  of 
to  tree,  and 
227.) 


merica,  from 
on  the  same 
lence  it  may 
)m  the  same 

rent  dialect ; 
ery  small,  a 
Olid  had  not 

iroe  of  regu- 
lich  em|)loy 
icorporated, 
is  generally 
grammatical 


bi nations.  These  languages  were  found  to  be  very  rich,  and  great 
pains  hud  been  taken  at  their  formation  to  render  them  agreeable  to 
the  ear. 

The  grammatical  system  of  the  Americans  diflfers  from  all  others 
in  several  points,  but  especially  in  the  following  : 

Some  nations  in  Europe,  amongst  others  the  Germans,  have  the 
power  of  coaibining  at  pleasure  different  expressions,  and  thus  giving 
a  complex  sense  to  certain  words.  The  Indians  have  given  a  most 
surprising  extension  to  this  power,  so  as  to  arrive  at  the  means  of 
connecting  a  great  number  of  ideas  wiih  a  single  term.  This  will 
be  easily  understood  with  the  help  of  an  example  quoted  by  Mr. 
Duponceau,  in  the  Memoirs  of  the  Philosophical  Society  of  Ame- 
rica. 

"  A  Delaware  woman  playing  with  a  cat  or  a  young  dog,"  says 
this  writer,  "  is  heard  to  pronounce  the  word  kuligatschis  ;  which  is 
thus  composed:  h  is  the  sign  of  the  second  person,  and  signifies 
'  thou'  or  '  thy';  uli  is  a  part  of  the  word  tDulit^\\\\\c\\  signifies  'beau- 
tiful,' '  pretty' ;  gat  is  another  fragment  of  the  word  wichgat^  which 
means  'paw';  and  lastly,  schis  is  a  diminutive  giving  the  idea  of 
smallness.  Thus  in  ono  word  the  Indian  woman  has  expressed, 
'  Thy  pretty  little  paw.'  " 

Take  another  example  of  the  felicity  with  whicli  the  savages  of 
America  have  composed  their  words.  A  young  man  of  Delaware  is 
called  pilapc.  This  word  is  formed  from  ^>«7si7,  chaste,  innocent ; 
and  hnapf^,  man  ;  viz.  man  in  his  purity  and  innocence. 

This  facility  of  combining  words  is  most  remarkable  in  the  strange 
formation  of  their  verbs.  The  most  complex  action  is  often  express- 
ed by  a  single  verb,  which  serves  to  convey  all  the  shades  of  an  idea 
by  the  modification  of  its  construction. 

Those  who  may  wish  to  examine  more  in  detail  this  subject, 
which  I  have  only  glanced  at  superficially,  should  read  : 

1.  The  correspondence  of  Mr.  Duponceau  and  the  Rev.  Mr. 
Hecwclder  relative  to  the  Indian  languages ;  which  is  to  be  found 
in  the  first  volume  of  the  Memoirs  of  the  Philosophical  Society  of 
America,  published  at  Philadelphia,  1819,  by  Abraham  Small ;  vol. 
i.  p.  350—464, 

2.  The  grammar  of  the  Delaware  or  Lenape  language  by  Geiber- 
ger,  and  the  preface  of  Mr.  Duponceau.  All  these  are  in  the  same 
collection,  vol.  iii. 

3.  An  excellent  account  of  these  works  which  is  at  the  end  of 
the  6th  volume  of  the  American  Encyclop£Edia. 


^ 


illy  those  of 
ogists,  when 
people  was 
aarned  com- 


53 


418 


APPENDIX  D.— Pago  7. 


I 


: '  I 


See  in  Charlevoix,  vol.  i.  p.  235,  the  history  of  the  first  war  which 
the  French  inhabitants  of  Canada  carried  on,  in  1610,  against  the 
Iroquois.  The  latter,  armed  with  bows  and  arrows,  offered  a  des- 
perate resistance  to  the  French  and  their  allies.  Charlevoix  is  not  a 
great  painter,  yet  he  exhibits  clearly  enough,  in  this  narrative,  the 
contrast  between  the  European  manners  and  those  of  savages,  as 
well  as  the  different  way  in  which  the  two  races  of  men  understood 
the  sense  of  honor. 

When  th  ''rench,  says  he,  seized  upon  the  beaver  skins  which 
covered  th  Indians  who  had  fallen,  the  Ilurons,  their  allies,  were 
greatly  offended  at  this  proceeding ;  but  without  hesitation  they  set 
to  work  in  their  usual  nmnner,  inflicting  horrid  cruellies  upon  the 
prisoners,  and  devouringoneof  thobj  who  had  been  killed,  whicli  made 
the  Frenchmen  shudder.  The  barbarians  prided  themselves  upon  a 
scrupulousness  which  they  were  surprised  .n  not  finding  in  our  nation ; 
and  could  not  understand  that  there  was  less  to  reprehend  in  the 
stripping  of  dead  bodies,  than  in  the  devouring  of  their  flesh  like 
wild  beasts. 

Charlevoix  in  another  place  (vol.  i.  p.  230,)  thus  describes  the  first 
torture  of  which  Champlain  was  an  eye-witness,  and  the  return  of 
the  Hurons  intw  ilieir  own  village. 

Having  proceeded  about  eight  leagues,  says  he,  our  allies  halted  : 
and  having  singled  out  one  of  their  captives,  they  reproached  bin)  with 
all  the  cruelties  which  he  had  practised  upon  the  warriors  of  their 
nation  who  had  fallen  into  his  hands,  and  told  him  that  he  might  ex- 
pect to  be  treated  in  like  manner;  adding  that  if  he  had  any  spirit  he 
would  prove  it  by  singing.  lie  immediately  chanted  forth  his  death- 
song,  and  then  his  war-song,  and  all  the  songs  he  knew,  "  but  in  a 
very  mournful  strain,"  says  Champlain,  who  was  not  then  aware  that 
all  savage  music  has  a  melancholy  character.  The  tortures  which 
succeeded,  accompanied  by  all  the  horrors  which  we  shall  mention 
hereafter,  terrified  the  French,  who  made  every  effort  to  put  a  stop 
to  them,  but  in  vain.  The  following  night  one  of  the  Hurons  having 
dreamt  that  they  were  pursued,  the  retreat  was  changed  to  a  real 
flight,  and  the  savages  never  stopped  until  they  were  out  of  the  reach 
of  danger. 

The  moment  they  perceived  the  cabins  of  their  own  village,  they 
cut  themselves  long  sticks,  to  which  they  fastened  the  scalps  which 
had  fallen  to  their  share,  and  carried  thorn  in  triumph.  At  this  sight, 
the  women  swam  to  the  canoes,  where  they  received  the  bloody 
scal[)s  from  the  hands  of  their  husbands,  and  tied  them  round  their 
necks. 


419 


rst  war  which 
),  against  the 
oflered  a  des- 
evoix  is  not  a 
narrative,  the 
if  savages,  as 
Du  understood 

r  skins  which 
ir  allies,  were 
lation  they  set 
lilies  upon  the 
d,whicli  made 
iselves  upon  a 
in  our  nation; 
ireliend  in  the 
leir  flesh  like 

jcribes  the  first 
the  return  of 

allies  halted  : 

iched  hiu)  with 

rriors  of  their 

t  he  might  e.\- 

1  any  spirit  he 

orth  his  death- 

\v,  "  but  in  a 

len  aware  that 

ortures  which 

shall  mention 

t  to  put  a  stop 

Hurons  having 

ced  to  a  real 

It  of  the  reach 

n  village,  they 
3  scalps  which 
At  this  sight, 
ed  the  bloody 
ra  round  their 


The  warriors  offered  one  of  these  horrible  trophies  to  Champlain ; 
they  also  presented  him  with  some  bows  and  arrows,  —  the  only  spoils 
of  the  Iroquois  which  they  had  ventured  to  seize,  —  entreating  liim 
to  show  them  to  the  King  of  France. 

Champlain  lived  a  whole  winter  quite  alone  among  these  barba- 
rians, without  being  under  any  alarm  for  his  person  or  property. 


APPENDIX  E— Page  21. 

Although  the  puritanical  strictness  which  presided  over  the  estab- 
lishiuent  of  the  English  colonies  in.  America  is  now  much  relaxed, 
remarkable  traces  of  it  are  stil!  found  in  their  habits  and  their  laws. 
In  1792,  at  the  very  time  when  the  anti-Christian  republic  of 
Franco  began  its  ephemeral  existence,  the  legislative  body  of  Massa- 
chusetts pronuilgated  the  following  law,  to  compel  the  citizens  to 
observe  the  Sabbath.  We  give  the  preamble  and  the  principal 
articles  of  this  law,  which  is  worthy  of  the  reader's  attention. 

"  Whereas,"  says  the  legislator,  "  the  observation  of  the  Sunday 
is  an  affair  of  public  interest ;  in  as  much  as  it  produces  a  necessary 
suspension  of  labo^l^eads  men  to  reflect  upon  the  duties  of  iife  and 
the  errors  to  which  human  nature  is  liable,  and  provides  for  the  pub- 
lic and  private  worship  of  God  the  creator  and  governor  of  the  uni- 
verse, and  for  the  performance  of  such  acts  of  charity  as  are  the 
ornament  and  comfort  of  Christian  societies: — 

"  Whereas  irreligious  or  light-niindcd  persons,  forgetting  the  du- 
ties which  the  Sabbath  imposes,  and  the  benefits  which  these  duties 
confer  on  society,  are  known  to  profane  its  sanctity,  by  following 
their  pleasures  or  their  affairs;  this  way  of  acting  being  contrary  to 
their  own  interest  as  Christians,  and  calculated  to  annoy  those  who 
do  not  follow  their  example  ;  being  also  of  great  injury  to  society  at 
large,  by  spreading  a  taste  for  dissipation  and  dissolute  manners  ; 

"  lie  it  enacted  and  ordained  by  the  Governor,  Council,  and  Re- 
presentatives convened  in  General  Court  of  Assembly,  that  all  and 
every  person  and  persons  shall  on  that  day  carefully  apply  them- 
selves to  the  duties  of  religion  and  piety,  that  no  tradesman  or  la- 
borer shall  exercise  his  ordinary  calling,  and  that  no  game  or  recre- 
ation shall  be  used  on  the  Lord's  Day,  upon  pain  of  forfeiting  tea 
shillings. 

"  That  no  one  shall  travel  on  that  day,  or  any  part  thereof,  under 
paiu  of  forfeiting  twenty  shillings ;  that  no  vessel  shall  leave  a  har- 


14, 


■1V^* 


V 

If 


1 


420 

boUof  the  colony  ;  that  no  persons  shall  keep  outside  the  meeting- 
house during  tlie  time  of  public  worship,  or  profane  the  time  by 
playing  or  talking,  on  penalty  of  five  shillings. 

'♦  Public-houses  shall  not  entertain  any  other  than  strangers  or 
lodgers,  under  a  penalty  of  five  shillings  for  every  person  found 
drinking  and  abiding  therein. 

"  Any  person  in  health  who,  without  sufficient  reason,  shall  omit 
to  worship  God  in  public  during  three  nionlhs,  shall  be  condemned 
to  a  fine  of  ten  shillings.  O 

"  Any  person  guilty  of  niisbehavioDin  a  place  of  public  worship 
shall  be  fined  from  five  to  forty  shillings. 

"  These  laws  are  to  be  enforced  by  the  tithing-men  of  each  town- 
ship, who  have  authoriiy  to  visit  public-houses  on  the  Sunday.  The 
innkeeper  who  shall  refuse  them  admittance  shall  be  fined  forty  shil- 
lings for  such  ofl'ence. 

"  The  tithing-men  are  to  stop  travellers,  and  require  of  them 
their  reason  for  being  on  the  road  on  Sunday:  any  one  refusing  to 
answer  shall  be  sentenced  to  pay  a  fine  not  exceeding  five  pounds 
sterling.  If  the  reason  given  by  the  traveller  be  not  deemed  by  the 
tithing-man  sufficient,  he  may  bring  the  traveller  before  the  justice 
of  the  peace  of  the  district."  {Law  of  the  8th  3Iareh,  1792  ;  Gen- 
eral Laws  of  Massachusetts,  vol.  i.  p.  410.  j 

On  the  1  Ith  March,  1797,  a  new  law  increased  the  amount  of 
fines,  half  of  which  was  to  be  given  to  the  informer.  {Same  collect 
Hon,  vol.  ii.  p.  525.) 

On  the  16lh  February,  1816,  a  new  law  confirmed  these  measures- 
{Samc  collection,  vol.  ii.  p.  405.) 

Similar  enactments  exist  in  the  laws  of  the  State  of  New  York, 
revised  in  1827  and  1828.  (See  Revised  Statutes,  Part  I.  chapter 
20,  p.  675.)  In  these  it  is  declared  that  no  one  is  allowed  on  the 
Sabbath  to  sport,  to  fish,  to  play  at  games,  or  to  frequent  houses 
where  liquor  is  sold.    No  one  can  travel,  except  in  case  of  necessity. 

And  this  is  not  the  only  trace  which  the  religious  strictness  and 
austere  manners  of  the  first  emigrants  have  left  behind  them  in  the 
American  laws. 

In  the  revised  statutes  of  the  State  of  New  York,  vol.  i.  p.  662,  is 
the  following  clause : 

"  Whoever  shall  win  or  lose  in  the  space  of  twenty  four  hours,  by 
gaming  or  betting,  the  sum  of  twenty-five  dollars,  shall  be  found 
guilty  of  a  misdenicanol^^nd,  upon  conviction,  shall  be  condemn- 
ed to  pay  a  fine  equal  to  at  least  five  times  the  value  of  the  sum 
lost  or  won ;  which  shall  be  paid  to  the  inspector  of  the  poor  of  the 
township.  Ho  that  loses  twenty-five  dollars  or  more  may  bring  an 
action  to  recover  them;  and  if  he  neglects  to  do  so,  the  inspector  of 
the  poor  may  prosecute  the  winner,  and  oblige  him  to  pay  into  the 
poor's  box  both  the  sum  he  has  gained  and  three  times  as  much 
besides." 


421 


the  meeting- 
llie  time  by 

strangers  or 
lerson  found 

n,  shall  omit 
I  condemned 

iblic  worship 

)f  each  town- 
Linday.  The 
ed  forty  shil- 

jirc  of  them 
10  refusing  to 
t>  five  pounds 
2emed  by  tlie 
e  the  justice 
1792  ;  Gen- 

10  amount  of 
[Same  collec- 

ese  measures. 

if  New  York, 
art  I.  chapter 
owed  on  the 
juent  houses 
of  necessity, 
strictness  and 
d  them  in  the 

)1.  1.  p.  GG2,  is 

bur  hours,  by 
lall  be  found 
je  condemn- 
le  of  the  sum 
e  poor  of  the 
may  bring  an 
e  inspector  of 
pay  into  the 
imes  as  much 


The  laws  we  quote  from  are  of  recent  date  ;  but  they  are  unintel- 
ligible without  going  back  to  the  very  origin  of  the  colonics.  I  jinve 
no  (loul)t  that  in  our  da\s  tlie  pcMial  part  of  these  laws  is  very  rarely 
applit'd.  Laws  preserve  their  inflexibility  long  aft(?r  the  manners  of 
a  nation  havu  yielded  to  iho  iniUience  of  time.  It  is  still  true,  how- 
ever, that  nothing  strikes  a  foreigner  on  his  arrival  in  America, 
more  furcil-ly  tluiii  the  regard  paid  to  the  Sabbath. 

There  is  one,  in  particular,  of  the  large  American  cities,  in  which 
all  social  n)oven)ents  begin  to  be  suspended  even  on  Saturday  even- 
ing. You  traverse  its  streets  at  the  hour  at  which  you  expect  men  in 
the  middle  of  life  to  be  engaged  in  business,  and  young  people  in 
pleasure;  and  you  meet  wiili  solitude  and  silence.  Not  only  have 
all  ceased  to  work,  but  they  appear  to  have  ceased  to  exist.  Neither 
the  nioveuients  of  industry  are  heard,  nor  the  accents  of  joy,  nor 
even  the  confused  murmur  which  arises  from  the  midst  of  a  great  city. 
Chains  are  hung  across  the  streets  in  the  neiifjiborhood  of  tlio 
churches  ;  the  iialf-closed  shutters  of  the  houses  scarcely  admit  a 
ray  of  sun  into  the  dwellings  of  the  citizens.  Now  and  then  you  per- 
ceive a  solitary  individual  who  glides  silently  along  the  deserted 
streets  and  lanes. 

Next  day,  at  early  dawn,  the  rolling  of  carriages,  the  noise  of 
hammers,  the  cries  of  the  |)opulalion,  begin  to  make  themselves 
lieard  again.  Tlie  city  is  awake.  An  eager  crowd  hastens  towards 
the  resort  of  commerce  and  industry;  everything  around  you  be- 
speaks motion,  bustle,  hurry.  A  feverish  activity  succeeds  to  the 
lethargic  stupor  of  yesterday ;  you  might  almost  suppose  that  they 
had  but  one  day  to  acquire  wealth  and  to  enjoy  it. 


APPENDIX  F.— Page  26. 

It  is  unnecessary  for  mo  to  say,  that  in  the  chapter  which  has  just 
been  read,  I  have  not  had  the  intention  of  giving  a  history  of  Ame- 
rica. My  only  object  was  to  enable  the  reader  to  appreciate  the  in- 
fluence which  the  opinions  and  manners  of  the  first  emigrants  had 
exer-.ised  u\,on  the  fato  of  the  difl'erent  colonies,  and  of  the  Union  in 
general.  I  have  therefore  confined  myself  to  the  quotation  of  a  few 
detached  fragments. 

I  do  not  know  whether  I  am  deceived,  but  it  appears  to  me  that 
by  pursuing  the  path  which  I  have  merely  pointed  out,  it  would  be 
easy  to  present  such  pictures  of  the  American  republics  as  would  not 


■i  '. 


422 


r 


•»* 


12"!;? 

fJ    n 

ill' 

«*' 
I 


I 


W'V 


be  unworthy  tlio  attention  of  the  public,  and  could  not  fail  to  suggest 
to  the  slatosinan  matter  for  reflection. 

Not  l)oii)fj  able  to  devote  myself  to  this  labor,  I  am  anxioiis  to 
render  it  easy  to  others  ;  and,  for  this  purpose,  I  subjoin  a  short  cata- 
logue and  analysis  of  the  works  which  seem  to  nw  tlie  most  import- 
ant to  consult. 

At  the  head  of  the  general  documents  which  it  would  bo  advan- 
tageous to  examine,  I  place  the  work  entitled  Art  Historical  Col- 
lection nf  State  Papers,  and  other  authentic  Documents,  intended 
as  materials  for  a  History  of  the  United  States  of  America,  by 
Ebenezer  Hasard.  The  first  volume  of  this  compilation,  which  was 
printed  at  Philadelphia  in  1792,  contains  a  literal  copy  of  all  the 
cliarters  granted  by  the  Crown  of  England  to  the  emigrants,  as  well 
as  the  principal  acts  of  the  colonial  governments,  during  the  com- 
mencement of  their  existence.  Amongst  other  nuth(>ntic  documents, 
we  hero  find  a  great  many  relating  to  the  affairs  of  New  England 
and  Virginia  during  this  period.  The  second  vohnue  is  ahuost  en- 
tirely devoted  to  the  acts  of  the  Confederation  oflf)4;3.  This  F'ed- 
eral  compact,  which  was  entered  into  by  the  colonies  of  New  Eng- 
land with  the  view  of  resisting  the  Indians,  was  the  first  instance  of 
union  afiorded  by  the  Anglo-Americans.  There  were  licsidcs  many 
other  confederations  of  the  same  nature,  before  the  famous  one  of 
177(J,  which  brought  about  the  indc'pendence  of  the  colonies. 

Each  colony  has,  besides,  its  own  historic  iMoimiuents,  some  of 
which  are  extremely  curious  ;  beginning  wii.  V'irL'inia,  the  State 
which  was  first  peopled.  The  earliest  historian  of  Virginia  was  its 
founder,  Capt.  John  Smith.  Capt.  Smith  has  left  us  an  octavo 
volume,  entitled  The  genirall  Historic  of  Virginia  and  New  Eng- 
land, by  Captain  John  Smith,  sometymes  (iovcrnor  in  those  Coun- 
tryes,and  Admirall  ^if  A'nr  England  ;  printed  at  London  in  l(i"J7. 
The  work  is  adorned  with  curious  maps  and  engravings  of- the  time 
when  it  appeared  ;  the  narrative  extends  from  the  year  15S4  to  lG:if(). 
Smith's  work  is  highly  and  deservedly  esteemed.  The  author  was 
one  of  the  most  celebrated  adventurers  of  a  period  of  remarkablo 
adventure  ;  his  book  breathes  that  ardor  for  discovery,  that  spirit 
of  enterprise  which  characterized  the  men  of  his  lime,  when  the 
manners  of  chivalry  were  united  to  zeal  for  tonunerce,  and  made 
subservient  to  the  acquisition  of  wealth. 

But  Capt.  Smith  is  most  remarkable  for  uniting,  to  the  virtues 
which  characterized  his  cotemporaries,  several  qualities  to  which 
they  were  generally  strangers  ;  liis  style  is  sinq)le  and  concise,  his 
narratives  bear  the  stanjp  of  truth,  and  his  descriptions  are  free 
from  false  ornament. 

This  author  throws  most  valuable  light  upon  the  state  and  condi- 
tion of  the  Indians  at  the  time  when  North  America  was  first  dis- 
covered. 

The  second  historian  to  consult  is  Beverley,  who  coiumeucos  his 


423 


fail  to 


suggest 


Fini  finxioiis  to 
in  it  short  cata- 
j  most  iiDport- 

)iild  1)0  advnn- 
'istorical  CoU 
cnts,  intended 
*'  America,  by 
ion,  which  was 
opy  of  all  the 
grants,  as  well 
iring  the  com- 
tic  docunipnts, 
New  England 

is  almost  en- 
5.     This  Fed- 

of  Now  Eng- 
rst  instance  of 

besides  many 
laniotis  one  of 
ilonies. 

lents,  some  of 
nia,  tlie  State 
irginia  was  its 

"s  an  octavo 
<u{  Nrw  Enp- 
i  those  Coiin- 
ndon  in  Hy27. 
:s  of^the  time 
15S4  to  1G:.^(J. 
le  anthoi*  was 
tf  remarkable 
ry,  that  spirit 
lie,  when  the 
CO,  and  made 

(0  the  virtues 
ties  to  which 
J  concise,  his 
ions  are  free 

e  and  condi- 
was  first  dis- 

>mmeucos  his 


narrative  with  the  year  1585,  and  ends  it  witu  1700.  The  first  part 
of  his  book  contains  historical  documents  properly  so  called,  relative 
to  the  infancy  of  the  colony.  Tho  second  affords  a  most  curious 
picture  of  the  state  of  the  Indians  at  this  remote  period.  The  third 
conveys  very  clear  ideas  concerning  the  manners,  social  condition, 
laws,  and  political  customs  of  the  Virginians  in  iho  author's  lifolime. 

Beverley  was  a  native  of  Virginia,  which  occasions  him  to  say  at 
the  beoimiing  of  his  book  that  he  entreats  his  readers  not  to  exercise 
their  critical  severity  upon  it,  since,  h-  ing  been  born  in  the  Indies, 
he  does  not  aspire  to  purity  of  language.  Notvsilhstanding  this  co- 
Jonial  modesty,  theautlior  shows  throughout  his  book  the  impatience 
with  which  he  endures  the  supremacy  of  the  molher-country.  In 
this  work  of  Beverley  are  also  found  numerous  traces  of  that  spirit 
of  civil  liberty  which  animated  the  English  colonies  of  America  at 
the  time  when  he  wrote,  lie  also  shows  the  dissensions  which  ex- 
isted among  them  and  retarded  their  independence.  Beverley  de- 
tests his  Catholic  neighbors  of  Maryland  even  more  than  he  hates 
the  English  Government:  his  style  is  simple,  his  narrative  interest- 
ing and  apparently  trustworthy. 

1  saw  ii]  America  another  work  which  ought  to  bo  consulted,  en- 
tilled  The  History  of  Virginia,  by  WUliatii  Stith.  This  book 
aflords  some  curious  details,  but  I  thought  it  long  and  diffuse. 

The  most  ancient  as  well  as  the  best  document  to  be  consulted  on 
the  history  of  Caroliwa  is  a  work  in  small  quarto,  entitled  The  His- 
tory of  Carolina,  by  John  Lawson,  printed  at  London  in  1718. 
This  work  contains  in  the  first  part,  a  journey  of  discovery  in  the 
west  of  Carolina  ;  tho  account  of  which,  given  in  the  form  of  a  jour- 
nal, is  in  general  confused  and  superficial  ;  but  it  contains  a  very 
striking  description  of  the  mortality  caused  among  tho  savages  of 
that  time  both  by  the  smallpox  and  the  immoderate  use  of  brandy  ; 
w  itli  a  curious  picture  of  the  corru|)ti()n  of  manners  prevalent  amongst 
them,  which  was  increased  by  tho  presence  of  Europeans.  The 
second  |)art  of  Lawson's  book  is  taken  up  with  a  description  of  the 
physical  condition  of  Carolina,  and  its  j)roductions.  In  the  third 
part,  the  author  gives  an  interesting  account  of  the  manners,  customs, 
and  government  of  the  Indians  at  that  period.  There  is  a  good  deal 
of  talent  and  originality  in  this  |)art  of  tho  work. 

Lawson  concludes  his  History  with  a  copy  of  the  Charter  granted 
to  the  Carolinas  in  the  rei'in  of  Charles  II.  The  general  tone  of 
this  work  is  light,  and  often  licentious,  forming  a  perfect  contrast  to 
the  solemn  style  of  the  works  published  at  the  same  period  in  New 
England.  Lawson's  History  is  extremely  scarce  in  America,  and 
cannot  be  procured  in  Europe.  There  is,  however,  a  copy  of  it  in 
the  lloyal  Library  at  Paris. 

From  the  southern  extremity  of  the  United  States  I  pass  at  once 
to  the  Northern  limit ;  as  tho  intermediate  space  was  not  peopled 
till  a  later  period. 


424 


itlcd  Colh( 


fn  t'l 


•«%i* 


I*' 
I 

I' 


;i 


1 1 


I- 


I  must  first  point  out  a  very  curious  compimtion,  ontiticd  L.'oiier-' 
Hon  of  the  Massachusetts  Ilistnriral  Sociefi/,  priiitrd  for  the  first 
time  at  lioston  in  17!)i},  and  reprinted  in  18U().  Tit!  colh.'clion  of 
wliicli  I  -speak,  and  which  is  coiitiniUHl  to  tho  present  dny,  contains 
Q  great  numher  of  very  vnhnihic  documents  reliiliuij  to  liu)  history 
of  tho  diO'ercnt  States  of  New  Kiif^land.  Anionic  them  are  letters 
which  iiave  n(!ver  been  piiblislied,  niid  authentic  [)ieces  whicli  hiid 
been  buried  in  provincial  archives.  The  wliolo  work  of  Ciookin 
concerning  tho  Indians  is  inserted  there. 

1  have  mentioned  several  times  iu  the  chapter  to  which  this  nolo 
relates  tho  work  of  Nathaniel  Norton,  entitlecl  ISew  l^n^hnuPs  Me' 
vtorial ;  siifTiciently  perhaps  to  prove  that  it  des(>rves  the  atlentiou 
of  those  who  would  be  conversant  with  the  history  of  New  Miigland. 
Tliis  book  is  in  Svo,  and  was  reprinted  at  Hoston  in  IS'iti. 

Tho  most  valuable  and  important  authority  whicli  e.xisis  upon  the 
history  of  New  England  is  the  work  of  the  IJev.  Coitou  Mather,  en- 
titled MaiJinnJin  Christi  Americana,  or  the  Eeelrsiastiraf  llisfuri/ 
of  New  England,  l(i:^()— 1()<)8,  2  vols.  Svo,  reprinted  at  Jlartfiri/, 
United  States,  in  1820.*  The  author  divided  b's  work  into  seven 
books.  The  first  presents  the  history  of  the  events  which  pre  pared 
and  brought  about  the  establishment  of  New  Kngland.  The  second 
contains  the  lives  of  the  first  covemors  and  chief  maiiistrates  who 
presided  over  tlie  country.  The  tliird  is  d<'Voted  to  the  lives  and 
labors  of  the  evangelical  ministers  who  during  the  same  period  had 
the  caro  of  souls.  In  the  fourth  the  author  relates  the  institiilion 
and  progress  of  tho  University  of  Cambridge  (Massachusetts  )  In 
the  fifth  he  describes  the  principles  and  the  discipline  of  the  Church 
of  New  England.  The  sixtli  is  taken  up  in  retracing  certain  facts, 
which,  ill  the  opinion  of  Mather,  prove  the  merciful  iiiter()osition  of 
Providence  in  behalf  of  the  inhabitants  of  New  F^igland.  Lastly, 
in  the  seventh,  the  author  gives  an  account  of  tho  heresies  and  the 
troubles  to  which  the  church  of  New  England  was  exposed.  Cotton 
Mather  was  an  evangelical  minister  who  was  born  at  Boston,  and 
passed  his  lil'e  there.  His  narratives  are  distinguished  by  the  same 
ardor  and  religious  zeal  which  led  to  the  foundation  of  the  colonies 
of  New  England.  Traces  of  bad  taste  sometimes  occur  in  his  man- 
ner of  writing ;  but  he  interests,  because  he  is  full  of  enthusiasm. 
He  is  often  intolerant,  still  oftener  credulous,  but  he  never  betrays 
an  intention  to  deceive.  Sometimes  his  book  contains  fine  passages, 
and  true  and  profound  reflections,  such  as  the  following: 

"  Before  the  arrival  of  the  Puritans,"  says  he,  (vol.  i.  chap,  iv.) 
"  there  were  more  than  a  few  attempts  of  the  English  to  people  and 
improve  the  parts  of  New  England  which  were  to  the  northward  of 
New  Plymouth  ;  but  the  designs  of  those  attempts  being  aimed  no 
higher  than  the  advancement  of  some  worldly  interests,  a  constant 

*  A  folio  edition  of  this  work  was  published  iu  London  in  1702. 


In.i : 


425 


tied  Cnlhc' 

for  the  first 

■oIN.'Ctioii  of 

piy,  contains 

tin)  liistDry 

iiro  Ictlurs 

wliicli  Iwul 

of  Ciookiii 

irli  this  note 
fr/ajnl^s  Me' 
li(!  atlnitioti 
pw  Kngliiiid. 
f). 

sts  upon  tlio 

IMatlhT,  rn- 

rdt  Itisfuri/ 

1 1  llartfiird, 

k  into  seven 

(1)  [)r(|)art'd 

Tlic  second 

;islrates  who 

le    lives  and 

'  |)eriod   had 

e  iiistiliitioii 

iiisetis  )      In 

'  the  Church 

ertain  facts, 

[■rposition  of 

id.     Lastly, 

;ies  and   the 

■•d.      Cotton 

Boston,  and 

ly  the  san)o 

i(?  colonies 

in  his  nian- 

enihiisiasin. 

ver   hell  ays 

10  passages, 

i.  chap,  iv.) 

people  and 

ortliward  of 

aimed   no 

a  constant 

1702. 


series  of  disasters  has  confounded  tlicm,  until  there  was  a  plantation 
erected  upon  the  nobler  designs  of  Christianity  :  and  that  |)lantation, 
thoujjh  it  has  had  more  adversaries  than  perhaps  any  one  upon  earth, 
yet,  having  obtained  help  from  (Vod,  it  continues  to  this  day." 

Mather  occasionally  ndieves  the  austerity  of  his  descriptions  with 
images  full  of  tender  feeling  :  after  having  spoken  of  an  English  lady 
whose  religious  ardor  had  brought  her  to  America  with  her  husband, 
and  who  soon  after  sank  under  the  fatigu(!S  and  [)rivations  of  exile, 
ho  adds,  *'  As  for  her  virtuous  husband,  Isaac  Johnson, 

lie  tryed 

To  live  without  licr,  likud  it  not,  uud  dyed." — (Vol.  i.) 

Mather's  work  gives  an  admirable  picture  of  iho  time  and  country 
which  he  describ(,'s.  In  his  account  of  the  motives  which  led  the 
Puritans  to  s(;ek  an  asylum  beyond  seas,  he  says  : 

"  The  (jiod  of  Heaven  served,  as  it  were,  a  summons  upon  tlie 
spirits  of  his  people  in  the  English  nation,  stirring  up  the  spirits  of 
thousands  which  never  saw  the  fac(;s  of  each  other,  with  a  most 
unanimous  inclination  to  leave  all  the  pleasant  accommodations  of 
their  native  country,  and  go  over  a  terrible  ocean,  into  a  mor(!  terri- 
ble desert,  for  the  |)ure  enjoyment  of  all  his  ordinances.  It  is  now 
reasonable  that,  before  we  p.iss  any  further,  the  n^asons  of  this  un- 
dertaking should  be  more  exactly  made  known  unto  |)osterity,  espe- 
cially unto  the  posterity  of  those  that  were  the  undertakers,  lest  they 
come  at  length  to  forget  and  neglect  the  true  interest  of  Mew  Eng- 
land. Wherefore  I  shall  now  transcribe  some  of  them  from  a  manu- 
script wherein  they  were  then  tendered  unto  consideration. 

"  Gtntral  Considerations  for  the  Plantation  of  New  England. 

"  First,  It  will  be  a  service  unto  tlic  Church  of  great  consequence, 
to  carry  tin;  Gospel  unto  those  |)arts  of  the  world,  and  raise  a  bulwark 
against  the  kingdom  of  Antichrist,  which  the  Jesuits  labor  to  rear  u[) 
in  all  parts  of  the  world. 

"  .Secondly;  All  other  Churches  of  Europe  have  been  brought 
under  desolations  ;  and  it  may  be  feared  that  the  liki;  judgments  are 
coming  upon  us;  and  who  knows  but  God  hath  provided  this  place 
to  be  a  njfugo  for  many  whom  he  means  to  save  out  of  the  general 
destruction. 

"  Thirdly,  The  land  grows  weary  of  her  inhabitants,  insomuch 
that  man,  which  is  the  most  precious  of  all  creatures,  is  here  more 
vile  and  base  than  the  earth  he  treads  upon  ;  children,  neighbors, 
and  friends,  especially  the  poor,  are  counted  the  greatest  burdens, 
which,  if  things  were  right,  would  be  the  chiefest  of  earthly  bless- 
ings. 

"  Fourthly,  We  are  grown  to  that  intemperance  in  all  excess  ot 
riot,  as  no  mean  estate  almost  will  suflice  a  man  to  keep  sail  with 
54 


426 


r'     li 

3 


I*' 
r 


Ki- 


'[ 


i 


his  equals,  and  he  that  fails  in  it  must  live  in  scorn  and  contempt: 
hence  it  comes  to  pass,  that  all  arts  and  trades  are  carried  in  that 
deceitful  manner  and  unrighteous  course,  as  it  is  almost  impossible 
for  a  good  upright  man  to  maintain  his  constant  charge  and  livecom- 
fortabij  in  them. 

"Fifthly,  The  schools  of  learning  and  religion  are  so  corrupted, 
as  (beside  the  unsupportable  charge  of  education)  most  children, 
even  the  best,  wittiest,  and  of  the  fairest  hopes,  are  perverted,  cor- 
rupted and  utterly  over-thrown  by  the  multitude  of  evil  examples 
and  licentious  be'iaviors  in  these  seminaries. 

"  Sixthly,  Tlu>  whole  earth  is  the  Lord's  garden,  and  he  hath 
pivon  it  to  Uie  Sons  of  Adam,  to  be  tilled  and  im])rovi'd  by  them  : 
why  then  should  we  stand  starving  here  for  places  of  habitation,  and 
in  the  mean  time  siifl'nr  whole  countries,  as  profitable  for  the  use  of 
man,  to  lie  waste  wi'hout  any  improvement? 

"  Seventhly,  What  can  be  a  better  or  nobler  work,  and  more 
worthy  of  a  Christian,  than  to  erect  and  stipport  a  rcfonncd  particu- 
lar Church  in  its  infancy,  and  unite  our  forces  with  such  a  company 
of  faithful  people,  as  by  timely  assistance  may  grow  stronger  and 
prosper  ;  but  for  want  of  It,  may  be  put  to  great  hazards,  if  not  be 
wholly  ruined. 

"  Eighthly,  If  any  such  as  are  known  to  be  godly,  and  live  in 
wealth  and  prosperity  here,  s!iall  forsake  all  this  to  join  with  this  re- 
formed Church,  and  with  it  run  the  hazard  of  an  liiird  and  mrati  con- 
dition, it  will  be  an  examplo  of  great  use,  both  ior  tlio  removing  of 
scandal,  and  to  give  more  life  unto  the  faith  of  God's  people  in  their 
prayers  fir  too  [)lantation,  and  also  to  encourage  others  to  join  the 
more  willingly  in  it." 

Further  on,  when  he  declares  the  principlrs  of  tke  Church  of  !N"cw 
Eng!an;i  v.ith  respect  to  morals,  ftlaiher  inveighs  with  violence 
against  llie  nistoni  of  drinking  health.*-:  at  table,  which  Ik,"  dt  nounces 
as  a  pagan  and  abominable  pracli(<'.  Me  proscribes  with  the  same 
rigor  all  ornanx'nts  for  the  hair  iisid  by  the  female  se.\,  as  well  as 
their  custom  of  having  the  arms  and  neck  uncovered. 

In  another  part  of  his  work  he  relates  several  instances  of  witch- 
craft which  hud  ahirmed  New  England.  It  is  plain  that  the  visible 
action  of  the  devil  in  tlie  afiiiirs  of  this  world  appeared  .o  him  an 
incontestable  and  evide//)  li((  t. 

This  work  of  Cotlo/;  Mather  displays,  in  many  p'aces,  the  spirit 
of  civil  liberty  and  political  independence  which  cliaracteii/,ed  the 
times  in  which  he  lived.  Their  princi|)les  iis|)ecling  government 
are  discoverable  at  every  page.  Thus,  for  instance,  the  inhabitants 
of  Massachusetts,  in  the  year  1()30,  ten  years  after  the  foundation  of 
Plyiueuth,  are  found  to  liave  devoted  -1(10/.  sterling  to  the  establish- 
ment of  the  I'^niversity  of  Cambridge.  In  ])assing  from  the  general 
docum^uits  relative  to  the  history  of  New  England,  to  those   which 


427 


describe  the  several  States  comprised  within  its  limits,  I  ought  first 
to  notice  The  Histnnj  of  the  Colon}/  of  Massachusetts,  hy  Hutch- 
inson, Lieutenant-Governor  of  the  Massachusetts  Province,  2  vols. 
8vo. 

The  History  of  Hutchinson,  which  I  have  several  times  quoted  in 
the  chapter  to  which  this  note  relates,  commences  in  the  year  1G28 
and  ends  in  1750.  Tlnoughout  the  work  there  is  a  striking  air  of 
truth  and  the  greatest  simplicity  of  style  :   it  is  full  of  minute  details. 

The  b(\st  History  to  consult  concerning  Connecticut  is  that  of 
Benjamin  Trumhull,  entitled,  A  (U)mphtc  Jlistori/  of  Connecticut, 
Civil  and  Ecclesiastical,  Ui^^O —  1764  ;  2  vols.  8vo.  printed  in  1818, 
ot  JStw  Haven.  This  liisiory  contains  a  clear  and  c:dm  account  of 
all  the  events  which  happened  in  Connecticut  during  the  p(>riod 
given  in  the  title.  The  author  drew  from  the  best  sources  ;  and  his 
narrative  hears  the  stamp  of  truth.  All  that  he  says  of  the  early 
days  of  Connecticut  is  extremely  curious.  Sc  '^specially  the  Con- 
stitution of  10-19,  vol.  i.  ch.  vi.  p.  100 ;  and  aL-, »  the  penal  laws  of 
Connecticut,  vol.  i.  ch.  vii.  p.  12-J. 

The  J/istorjf  of  IVrw  Hampshire,  hy  Jeremy  Tidhnap,  is  a  work 
held  in  mtnited  estimation.  It  was  printed  at  Boston  in  17y!2,  in 
2  vols.  Svo.  Tlie  third  chapter  of  tli«'  lirst  volume  is  |iarticuliirly 
wortiiy  of  attention  for  the  valuable  details  it  alTords  on  tlie  political 
and  rtliiiious  principles  of  the  Puritans,  on  the  causes  of  their  emir 
gration,  and  on  their  laws.  The  followiug  curious  quotation  is  given 
from  a  sermon  delivered  in  KKi'l.  "  It  concerneth  N(nv  Eniiiand 
ahvii)s  lo  nunember  that  they  are  a  plantation  religious,  not  a  plan- 
tation of  trade.  The  profession  of  die  purity  of  docirine,  worship, 
and  (lisciplioe  is  written  on  her  forehead.  Let  merchants,  and  such 
as  are  eni  reasing  cent,  per  cent.  remend)er  this,  tiiat  worldly  gai  i 
was  not  tile  end  and  design  of  the  jjcople  of  New  Ensland,  but  re'i- 
gion.  And  if  any  man  aniong  us  make  religion  as  twelve,  and  'he 
world  as  liiirteen,  such  an  one  hath  not  tiie  spirit  of  a  true  New 
Englisiiman."  The  rea  '"r  of  Bcdknap  will  lind  in  his  work  more 
general  ideas,  and  more  strength  of  thought,  than  are  to  be  met  with 
in  the  American  historians  even  to  the  present  day. 

Amon<r  tlte  C^-ntral  Stales  which  deserve  our  attention  for  their 
remote;  origin,  New  York  and  Pennsylvania  are  the  foremost.  The 
best  history  we  have  of  the  foruun-  is  entitled  A  History  of  New 
Yor/:,  1)1/  William  Smith,  jirinicd  in  London  in  ]7.")7.  Smith  irives 
us  important  details  of  the  wars  between  liie  French  and  Lnglish  in 
America.  His  is  the  best  account  of  the  famous  confederal  ion  of 
the  Iroquois. 

With  respect  to  Pennsylvania,  I  cannot  do  better  than  p  uit  out 
the  work  of  Proud,  entitled  the  History  of  Pennsylvania,  jrom  the 
original  Instifufion  and  Settlement  of  that  Province,  vnUr  the 
first  Proprietor  and  Governor  William  Penn,  in  1(381,  till  after 
the  year  1742  ;  by  Hubert  Proud,  2  vols.  Svo,  printed  at  Phila- 


|! 


428 

dclphia  in  1797.  This  work  is  deserving  of  the  especial  attention 
of  tiie  reader ;  it  contains  a  mass  of  cnrious  documents  concerning 
Penn,  tlie  doctrine  of  the  Quakers,  and  the  character,  manners,  and 
customs  of  the  first  inhahitants  of  Pennsylvania. 

I  need  not  add  that  anions:  the  most  important  documents  relating 
to  this  state  are  the  works  of  Penn  himself  and  those  of  Franklin. 


'1 

iti 

V 

I 


il 


APPENDIX  G.— Page  33. 

Wo  read  in  Jefferson's  Memoirs  as  follows : 

At  the  time  of  the  first  setllement  of  the  English  in  Virginia, 
when  land  was  to  be  had  for  little  or  nothing,  some  provident  per- 
sons having  obtained  largo  grants  of  it,  and  beinsr  desirous  of  main- 
taining the  splendor  of  their  families,  entailed  their  property  upon 
their  descendants.  The  transmission  of  these  estates  from  genera- 
tion to  generation,  to  men  who  bore  the  same  nanie,  had  the  eflect 
of  raising  up  a  distinct  class  of  families,  who,  possessing  by  law  the 
privileg;!  ol"  perpetuating  their  wealth,  formed  by  these  means  a  sort 
of  [latrician  order,  distin*ruislied  by  the  grandeur  and  luxury  of  their 
establishments.  F>om  this  order  it  was  that  the  King  usually  chose 
his  councillors  of  state.* 

In  the  United  States,  the  principal  clauses  of  the  English  lav.  re- 
specting descent  have  been  universally  rejected.  The  first  rule  that 
wo  follow,  says  Mr.  Kent,  touching  inheritance  is  the  following:  If 
a  man  dies  intestate,  his  property  goes  to  his  heirs  in  a  direct  line. 
If  he  has  but  one  heir  or  heiress,  he  or  she  succeeds  to  the  whole. 
If  there  are  several  heirs  of  the  same  degree,  they  divide  the  inher- 
itance equally  amongst  tliem,  without  distinction  of  sex. 

This  rule  was  prescribed  lor  the  first  time  in  the  State  of  New 
York  by  a  statute  of  the  23d  of  February,  178G.  (Sec  Revised 
Statutes,  vol.  iii.,  Appendix,  p.  48.  j  It  has  since  then  been  ado[)ted 
in  the  revised  statutes  of  the  samu  State.  At  the  present  day  this 
law  holds  good  throughout  the  wliolo  of  the  United  States,  with  the 
exception  of  the  Stale  of  Vermont,  where  the  male  heir  iidiei  its  a 
double  portion  :  Kent's  Commentaries,  vol.  iv.  p.  370.  Mr.  Kent, 
in  the  same  work,  vol,  iv.  p.  1 — 22,  gives  an  historical  account  of 
American  legislation  on  the  subject  of  entail :  by  this  we  learn  that 
previous  to  the  revolution  the   colonies  followed  tlij  English  law  of 

*  This  iinssapp  is  pxtractod  find  iraiislatod  (Voni  SI.  Conseil's  work  upon  the 
Life  of  Jetlbrson,  eulilleJ  '^Melanges  VoiUu^iics  tt  Phdoaophuims  dc  JtJJhni<m." 


439 


al  attention 

concerning; 

anners,  and 

nts  relating 
'ranklin. 


in  Virginia, 
)vi(Jent  per- 
ous  of  niain- 
[)|)(.>rty  upon 
roni  gcnt'ra- 
id  the  eflbct 
f  by  law  tlio 
iu;aiis  a  sort 
;ury  of  tlieir 
sually  choso 

llisli  lav,  rc- 
rst  rule  that 

oilowiiig:  It 
direct  line. 

3  tlie  wliole. 

e  tlic  inher- 

ato  of  New 
Sec  Revised 
en  ado[)ted 
ent  day  tliis 
US,  with  the 
ir  inherits  a 
Mr.  Kent, 
account  of 
e  learn  that 
iglisli  law  of 

ork  upon  the 
.Jcjj'erson." 


entail.  Estates  tail  were  abolished  in  Virginia  in  1776,  on  a  motion 
of  Mr.  Jeflerson.  Tlioy  were  suppressed  in  New  York  in  1786; 
and  have  since  been  abolished  in  iXortli  Carolina,  Kentucky,  Ten- 
nessee, Georgia,  and  Missouri.  In  Vermonl,  Indiana,  Illinois,  South 
Carolina,  and  Louisiana,  entail  was  never  introduced.  Those  States 
which  thought  proper  to  preserve  the  English  law  of  entail,  modi- 
fied it  in  such  a  way  as  to  deprive  it  of  its  most  aristocratic  tenden- 
cies. "  Our  general  principles  on  the  subject  of  government,"  says 
Mr.  Kent,  "  tend  to  favor  the  free  circulation  of  property." 

It  cannot  fail  to  strike  the  French  reader  who  studies  the  law  of 
inheritance,  that  on  these  questions  the  French  legislation  is  infinitely 
more  democratic  even  than  the  American. 

The  American  law  makes  an  equal  division  of  the  father's  pro- 
perty, but  only  in  the  case  of  his  will  not  being  known  ;  "for  every 
man,"  says  the  law,  "  in  the  State  of  New  York,  (Revised  Statutes, 
vol.  iii.  Appendix,  p.  51,)  has  entire  liberty,  power,  and  authority, 
to  (iisj)ose  of  his  property  by  will,  to  leave  it  entire,  or  divided  in 
favor  of  any  persons  he  chooses  as  his  heirs,  pjovided  he  do  not 
leave  it  to  a  political  body  or  any  corporation."  The  French  law 
obliges  the  testator  to  divide  his  property  equally,  or  nearly  so, 
among  his  heirs. 

Most  of  the  American  republics  still  admit  of  entails,  under  cer- 
tain restrictions;   hut  tin;  French  law  prohibits  entail  in  all  cases. 

If  the  social  condition  of  the  Americans  is  more  democratic  than 
tiiat  of  the  French,  the  laws  of  the  latter  are  the  most  dfjmocratic  of 
th(!  two.  This  may  be  explained  more  easily  than  at  first  appears 
to  be  the  case.  In  France,  democracy  is  still  occupied  in  the  work 
of  destruction  ;  in  America  it  reigns  (juietly  over  tlie  ruins  it  has 
made. 


APPE:nDIX  H.— Page  39. 

SUMMARY    OF    THE    QUALIFICATIONS    OF    VOTERS    IN    THE     UNITED 

STATES. 

All  the  States  agree  in  granting  the  right  of  voting  at  the  age  of 
twenty-one.  In  all  of  them  it  is  necessary  to  have  resided  for  a 
certain  time  in  the  district  where  the  vote  is  given.  This  period 
varies  from  three  mouths  to  two  years. 


430 


J»tt„ 

'i 

"     I 

I 


As  to  the  qualification;  in  the  State  of  Massachusetts  it  is  neces- 
sary to  have  an  income  of  three  pounds  sterling  or  a  capital  of  sixty 
pounds. 

In  Rliode  Island,  a  man  must  possess  landed  property  to  the 
amount  of  133  dollars. 

Ill  Connecticut  he  must  have  a  property  which  gives  an  income 
of  seventeen  dollars.  A  year  of  service  in  the  militia  also  gives  the 
elective  privilege. 

In  New  Jersey,  an  elector  must  have  a  property  of  fifty  pounds  a 
year. 

In  South  Carolina  and  Maryland,  the  elector  must  possess  fifty 
acres  of  land. 

Jn  Tennessee,  he  must  possess  some  property. 

In  the  States  of  Mississippi,  Ohio,  Georgia,  Virginia,  Pennsyl- 
vania, Delaware,  New  York,  the  only  necessary  qualification  for 
voting  is  that  of  paying  the  taxes;  and  in  most  of  the  States,  to  servo 
in  the  militia',is  equivalent  to  the  payment  of  taxes. 

In  Maine  and  New  Hampshire  any  man  can  vote  who  is  not  on 
the  pauper  list . 

Lastly,  in  the  States  of  Missouri,  Alabama,  Illinois,  Louisiana, 
Indiana,  Kentucky,  and  Vermont,  the  conditions  of  voting  have  no 
reference  to  the  property  of  tlie  elector. 

I  believe  there  is  no  other  State  beside  that  of  North  Carolina  in 
which  difltM'ent  conditions  are  applied  to  the  voting  for  the  Senate 
and  the  electing  the  House  of  Representatives.  The  electors  of  the 
former,  in  this  case,  should  possess  in  property  fifty  acres  of  land  ; 
to  vote  for  the  latter,  notiiing  more  is  required  than  to  pay  taxes. 


APPENDIX  I.-Jage  76. 

The  small  number  of  Custom-house  officers  employed  in  the  Uni- 
ted States  compared  with  the  extent  of  the  coast  renders  smuggling 
very  easy  ;  notwithstanding  which  it  is  less  practised  than  elsiuvhcro, 
because  everybody  endeavors  to  press  it.  In  America  thiMo  is  no 
police  for  the  |)revention  of  fires,  and  such  accidents  are  more  fro- 
quent  tlian  in  Europe;  but  in  general  they  are  more  speedily  otln- 
guished,  because  the  surrounding  popuiatiou  is  prompt  in  lending  as- 
sistance. 


431 


APPENDIX  K— Page  77. 


r'ho  is  not  en 


It  is  incorrect  to  assert  tliat  cenlniiization  was  produced  by  the 
French  revolution  :  the  revohnion  brought  it  to  perfection,  but  did 
not  create  it.  The  mania  for  centralization  and  governnient  regula- 
tions dates  from  the  time  when  jurists  began  to  take  a  share  in  ilie 
government,  in  the  time  of  Philippe-le-Bel  ;  ever  since  which  pe- 
riod they  have  be  n  on  the  increase.  In  the  year  1775,  M.  de  Males- 
herbes,  speaking  in  the  name  of  the  Cour  des  Aides,  said  to  Louis 
XIV.* 

" Every  corporation  and  every  community  of  citizens, 

retained   the  right  of  administering  its  own   affairs;  a  right  wbich 
not  only  foinis  part  of  the  primitive  constitution  of  the  kingdom,  but 
lias  a  still  higher  origin  ;   for  it  is  the  riglit  of  nature  and  of  reason. 
Nevertheless  your  sul)jects,  Sire,  have  been  deprived  of  it;   and  we 
cannot  refrain  from  saying  that  in  this  respect  your  government  has 
fallen  into  puerile  extremes.     From  the  time  when  |)owerfiil  ninis- 
ters  made  it  a  political  princi[)le  to  prevent  the  convocation  of  a  na- 
tional assembly,  one  consiM|tionce  has  succeeded   another,  until   the 
deliberations  of  the  inhitbilaiits  of  a  village  are  dcclati-d  null  when 
they  have  not  been  auihori/A'd  by  the  Intendant.     Of  course,  if  the 
comnuiniiy  has  an  expensive  undertaking  to  carry  through,  it  must 
remain  iinder  the  control  of  the  sub-delegate  of  the   Intendant,  and 
consequently  follow  the  plan  he  proposes,  employ  bis  favorite  work- 
men, pay  them  according  to  his  pleasin  • ;  and  if  an  action  at  law  is 
deemed  necessary,  the    Intendanl's  permi>>si(Ui   must   be   obtained. 
The  cause  must  be  pleaded  before  this  fj;>t  tribnual,  previous  to  its 
being  carried  into  a  pul)lic  court  ;  and  if  tl'e  opinion  of  the  Intend- 
ant is  opposed  to  that  of  the  inhabitants,  or  if  their  adversary  enjoys 
his  favor,  thi;  rommiuiitv  is  deprived  ot  tlie  power  <\f  defending  its 
rights.     Su  h  are  tin     iieaiis,  Sire,  which  iiavo  been  exerted  to  ex- 
tinguish tiie   niuu.^ip«l   spirit  in   France:  and  to  stifle,  if  possible, 
the  opinions  of  the   ci.'/ens.     The  nation  may  be  said  to  lie  under 
an  interdict,  and  to  be  in  wardship  mulor  guardians." 

Wli.it  could  be  said  more  to  the  pur[>os«j  at  the  present  day,  when 
the  revolution  has  achlovod  what  are  called  its  victories  in  centrali- 
zatiiin  ( 

in  1781'  'oflorson  wrote  from  Paris  to  one  of  his  friends  :  "Thtre 
is  no  country  where  the  mania  for  over-governing  has  taken  deeper 
root  than  in  France,  or  been  the  source  of  greater  mischief"  Letter 
lo  Fadison,  :iSlh  August,  1789.    . 

■"  See  '  Mrmoire.-i  pour  servir  a  I'llistoire  dii  Droit  Public  do  la  France  enma- 
tiore  d'lujpots,'  p.  054,  printed  at  Brussels  in  1779. 


432 

The  fact  is  that  for  several  centuries  past  the  central  power  of 
France  has  done  everything  it  could  lo  extend  central  administration; 
it  lias  acJinowlodged  no  other  limits  tlian  its  own  strength.  The 
central  power  to  whici)  the  revolution  gave  birth  made  more  rapid 
advancf3s  than  any  of  its  predecessors,  because  it  was  stronger  and 
wiser  than  they  had  been;  Louis  XIV.  committed  the  weiCare  of 
such  communities  to  the  caprice  of  an  Intendant ;  NapoK;on  left 
them  to  that  of  the  Minister.  The  same  princi|)le  governed  both, 
though  its  consequences  were  more  or  less  remote. 


pi 

'1 


In- 

I*' 

t 


j 


J 


1 


APPENDIX  L.— Page  81. 

This  immutability  of  the  Constitution  of  France  is  a  necessary 
consequence  of  the  laws  of  that  country. 

To  begin  with  the  most  important  of  all  the  laws,  that  which  de- 
cides the  order  of  succession  to  the  Throne  ;  what  can  be  more  iiii- 
mutable  in  its  principle  than  a  political  order  foundt-d  upon  the  natu- 
ral succession  of  father  to  son?  In  1814  Louis  XVIII.  had  estab- 
lished the  perpetual  law  of  hereditary  siiccess-on  in  favor  of  his  own 
family.  The  individuals  who  regulated  the  consequences  of  the  re- 
volution of  1830  followed  his  example  ;  they  mercdy  established  the 
perpetuity  of  the  law  in  favor  of  another  family.  In  this  respect 
they  iu)itated  ilie  Cliancellor  Meaupou,  who,  when  he  erected  the 
new  parliament  upon  the  ruins  of  the  old,  took  care  to  declare  in  the 
sau)e  ordinance  that  the  riuhts  of  the  new  mngistratcs  should  be  as 
ina!i(Miable  as  those  of  their  predecessors  had  been. 

The  laws  of  1830,  like  those  of  1S14,  point  out  no  way  of  chang- 
ing the  Constitution  ;  and  it  is  evident  that  the  ordinary  means  of 
legislation  are  insufficient  for  this  purpose.  As  the  Kints  the  Peers, 
and  the  Deputies  all  derive  their  authority  from  the  Constitution, 
these  three  powers  united  cannot  alter  a  law  by  virtue  of  which 
alone  they  govern.  Out  of  the  pale  of  the  Constitution,  they  are 
nothing  :  where,  (hen,  could  they  take  their  stand  to  effect  a  change 
in  its  [)rovisions  1  The  alternative  is  clear  :  either  their  elforls  are 
powerless  against  the  Charter,  which  continues  to  exist  in  spite  of 
them,  in  which  case  they  only  reign  in  the  name  of  the  Charter ;  or^, 
they  succeed  in  changing  the  Charter,  and  then  the  law  by  which 
they  existed  being  annulled,  they  thenis(.'lvcs  cease  to  exist.  By  de- 
stroying the  Charter  they  destroy  themselves. 


itral  power  of 
Jministration; 
rcngtii.  The 
c  more  rapid 
stronjicr  and 
lie  wolCare  of 
Niipolcjon  left 
overiieJ  botli, 


433 

This  is  much  more  evident  in  the  laws  of  1830  than  in  those  of 
1814.  In  1814,  the  royal  prerogative  took  its  stand  above  and 
beyond  the  Constitution ;  but  in  1830,  it  was  avowedly  created  by, 
and  dependent  on.  the  Constitution. 

A  part  therefore  of  the  French  Constitution  is  immutable,  because 
it  is  united  to  the  destiny  of  a  family ;  and  the  body  of  the  Constitu- 
tution  is  equally  immutable,  because  there  appear  to  be  no  legal 
means  of  changing  it. 

These  remarks  are  not  applicable  to  England.  That  country  hav- 
ing no  written  Constitution,  who  can  assert  when  its  Constitution  is 
changed  ? 


s  a  necessary 

lat  wliicli  dr- 
1)0  more  ihi- 
poll  the  natii- 
II.  had  estab- 
or  of  liis  own 
:es  of  the  re- 
>tal)IislK'd  the 
I  this  respect 
errctcd  the 
lechire  in  the 
should  be  as 

ay  of  chang- 
iry  means  of 
LS  tlie  Peers, 
Coiislitiitioii, 
lie  of  which 
ion,  they  are 
ect  a  change 
lir  elforls  are 
t  in  spite  of 
Charter  ;  oi;, 
w  by  wiiich 
ist.     By  dc- 


APPENDIX  M.— Page  81. 

The  most  esteemed  authors  who  have  written  upon  the  English 
Constitution  agree  with  each  other  in  establishing  the  omnipotence 
of  the  Parliament. 

Delolme  says,  "  It  is  a  fundamental  principle  with  the  English 
lawyers,  that  Parliament  can  do  every  thing  except  making  a  woman 
a  man,  or  c  man  a  woman.*' 

Blackstone  expresses  himself  more  in  detail,  if  not  more  energetic- 
ally, than  Delolme,  in  the  following  terms : 

"  The  power  and  jurisdiction  of  Parliament,  says  Sir  Edward 
Coke  (4  Inst.  36.,)  is  so  transcendent  and  absolute,  that  it  cannot 
be  confined,  either  for  causes  or  persons,  within  any  bounds.  And 
of  this  high  Court,  he  adds,  may  be  truly  said,  '  Si  antiquitatcm 
species,  est  vetustissima  ;  si  dignitatem,  est  honoratissima  ;  si  juris- 
dictioncm,  est  capacissirnaJ'  It  hath  sovereign  and  uncontrollable 
authority  in  the  making,  confirming,  enlarging,  restraining,  abrogating, 
repealing,  reviving  and  expounding  of  laws,  concerning  matters  of  all 
possible  denominations ;  ecclesiastical  or  temporal ;  civil,  military, 
maritime,  or  criminal ;  this  being  the  place  where  that  absolute 
despotic  power  which  must,  in  all  Governments,  reside  somewhere, 
is  entrusted  by  the  constitution  of  these  kingdoms.  All  mischiefs 
and  grievances,  operations  and  remedies,  that  transcend  the  ordinary 
course  of  the  laws,  are  within  the  reach  of  this  extraordinary  tribunal. 
It  can  regulate  or  new-model  the  succession  to  the  crown ;  as  was 
done  in  the  reign  of  Henry  VIII.  and  William  III.  It  can  alter 
the  established  religion  of  the  land;  as  was  done  in  a  variety  of  in- 

5S 


434 

stances  in  the  reigns  of  King  Henry  VIII.  and  his  three  children. 
It  can  change  and  create  afresh  even  the  Constitution  of  the  King- 
dom, and  of  the  parliaments  themselves ;  as  was  done  by  the  Act 
of  Union  and  the  several  statutes  for  triennial  and  septennial  elec- 
tions. It  can,  in  short,  do  everything  that  is  not  naturally  impossible 
to  be  done  ;  and,  therefore,  some  have  not  scrupled  to  call  its  power, 
by  a  figure  rather  too  bold,  the  omnipotence  of  Parliament." 


•«* 


i( 


I*' 


II 


APPENDIX  N.— Page  90. 

There  is  no  question  upon  which  the  American  Constitutions 
agree  more  fully  than  upon  that  of  political  jurisdiction.  All  the 
Constitutions  which  take  cognizance  of  this  matter,  give  to  the  House 
of  Delegates  the  exclusive  right  of  impeachment  ;  excepting  only 
the  Constitution  of  North  Carolina,  which  grants  the  same  privilege 
to  grand  juries.     (Article  23.) 

Almost  all  the  Constitutions  give  the  exclusive  right  of  pronoun- 
cing sentence  to  the  Senate,  or  to  the  Assembly  which  occupies 
its  place. 

The  only  punishments  which  the  political  tribunals  can  inflict  are 
removal,  or  the  interdiction  of  public  functions  for  the  future.  There 
is  no  other  Constitution  but  that  of  Virginia,  (p.  152,)  which  enables 
them  to  inflict  every  kind  of  punishment. 

The  crimes  which  are  subject  to  political  jurisdiction  are,  in  the 
Federal  Constitution,  ^Section  4.  Art.  1.) ;  in  that  of  Indiana,  (Art. 
3.  paragraphs  23  and  24.)  ;  of  New  York,  (Art.  5.) ;  of  Delaware, 
(Art.  5.)  ;  high  treason,  bribery,  and  other  high  crimes  or  oflen- 
ces. 

In  the  Constitution  of  Massachusetts,  (Chap.  1.  Section  2.)  ;  that 
ofNorth  Carolina,  (Art.  23.) ;  of  Virginia,  (p.  252,)  misconduct  and 
maladministration. 

In  the  Constitution  of  New  Hampshire,  (p  105,)  corruption,  in- 
trigue, and  maladministration. 

In  Vermont,  (Chap.  II.,  Art.  24.)  maladministration. 

In  South  Carolina,  ('Art.  5.) ;  Kentucky,  (Art.  3.)  ;  Tennessee, 
(Art.  4.)  ;  Ohio,  (Art.  1.  §  23,  24.) ;  Louisiana,  (Art.  5.)  ;  Missis- 
sippi, (Art.  5.);  Alabama,  (Art.  6);  Pennsylvania,  (Art.  4.); 
crimes  committed  in  the  non-performance  of  oflicial  duties. 

In  the  States  of  Illinois,  Georgia,  Maine,  and  Connecticut,  no 
particular  offences  are  specified. 


435 


APPENDIX  O. 

It  is  true  tlmt  the  powers  of  Europe  may  carry  on  maritime  wars 
witii  the  Union  ;  but  there  is  always  greater  facility  and  less  danger 
in  supporting  a  maritime  than  a  continental  war.  Maritime  warfare 
only  requires  one  species  of  effort.  A  commercial  people  which 
consents  to  furnish  its  Government  with  the  necessary  funds,  is  sure 
to  possess  a  fleet.  And  it  is  far  easier  to  induce  a  nation  to  part 
with  its  money,  almost  unconsciously,  than  to  reconcile  it  to  sacri- 
fices of  men  and  personal  efforts.  Moreover  defeat  hy  sea  rarely 
compromises  the  existence  or  independence  of  the  people  which  en- 
dures it. 

As  for  continental  wars,  it  is  evident  that  the  nations  of  Europe 
cannot  be  formidable  in  this  way  to  the  American  Union.  It  would 
be  very  difficult  to  transport  and  maintain  in  America  more  than 
25,000  soldiers  ;  an  army  which  may  be  considered  to  represent  a 
nation  of  about  2,000,000  of  men.  The  most  populous  nation  of 
Europe  contendinjr  in  this  way  against  the  Union,  is  in  the  position 
of  a  nation  of  2,000,000  of  inhabitants  at  war  with  one  of  12,000,000. 
Add  to  this,  that  America  has  all  its  resources  within  reach,  whilst 
the  European  is  at  4,000  miles  distance  from  his  ;  and  tlmt  the  im- 
mensity of  the  American  continent  would  of  itself  present  an  insur- 
mountable obstacle  to  its  conquest. 


)rruption,  in- 


APPENDIX  P.— Page  168. 

The  first  American  journal  appeared  in  April,  1704,  and  wasbup- 
lished  at  Boston.  See  Collection  of  the  Historical  Societi/ of  Mas- 
sachusetts, vol.  vi.  p.  6G. 

It  would  be  a  mistake  to  suppose  that  the  periodical  press  has 
always  been  entirely  free  in  the  American  colonies  :•  an  attempt  was 
made  to  establish  something  analogous  to  a  censorship  and  prelim- 
inary security.  Consult  the  Legislative  Documents  of  Massachu- 
setts of  tlie  14th  of  January,  1722. 

The  Committee  appointed  by  the  General  Assembly  (the  legisla- 


ii 


4S6 


f>l  li 


tivo  body  of  the  province,)  for  the  purpose  of  examining  into  cir- 
cumstances connected  with  a  paper  cniiiled  "  The  New  England 
Courier,"  expresses  its  opinion  that  "  the  tendency  of  the  said 
journal  is  to  turn  religion  into  derision,  and  bring  it  into  contempt ; 
that  it  mentions  the  sacred  writers  in  a  profane  and  irreligious  man- 
ner ;  that  it  puts  malicious  interpretations  upon  the  conduct  of  tho 
ministers  of  the  Gospel  ;  and  that  the  Government  of  His  Majesty 
is  insulted,  and  the  peace  and  tranquillity  of  the  province  disturbed 
by  the  said  journal.  Tho  Committee  is  consequently  of  opinion 
that  the  printer  and  publisher,  James  Franklin,  should  be  forbidden 
to  print  and  publish  the  said  journal  or  any  other  work  in  future, 
without  having  previously  submitted  it  to  the  Secretary  of  the  pro- 
vince ;  and  that  the  justices  of  the  peace  for  the  county  of  SuiTolk 
should  be  commissioned  to  require  bail  of  the  said  James  Franklin 
for  his  good  conduct  during  tho  ensuing  year. 

The  suggestion  of  tho  Committee  was  adopted  and  passed  into  a 
law,  but  tho  effect  of  it  was  null,  for  the  journal  eluded  the  prohibi- 
tion by  putting  the  name  of  Benjamin  Franklin  instead  of  James 
Franklin  at  the  bottom  of  its  columns,  and  this  maniruvrc  was  sup- 
ported by  public  opinion. 


« 


I 


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'1 

If 


«    ( 


I 


L  \ 


APPENDIX  Q.— Page  264. 

The  Federal  Constitution  has  introduced  the  jury  into  tho  tribu- 
nals of  the  Union  in  the  same  way  as  the  States  had  introduced  it 
into  their  own  several  courts  :  but  as  it  has  not  established  any  fixed 
rules  ior  the  clfoice  of  jurors,  the  Federal  Courts  select  them  from 
the  ordinary  jury-list  which  each  State  makes  for  itself.  The  laws 
of  the  States  must  therefore  be  examined  foi-  the  theory  of  the  for- 
mation of  juries.  See  Story* s  Commentanes  on  the  Constitution^ 
B.  iii.  chap.  38.  p.  G54 — C59  ;  Sergeant^s  Constitutional  Late,  p. 
165.  See  also  the  Federal  Laws  of  the  years  1789, 1800,  and  1802, 
upon  the  subject. 

For  tiie  purpose  of  thoroughly  understanding  the  American  prin- 
ciples with  respect  to  the  formation  of  juries,  I  examined  the  laws 
of  States  at  a  distance  from  one  another,  and  the  following  observa- 
tions were  the  result  of  my  inquiries. 

In  America  all  the  citizens  who  exercise  the  elective  franchise 
have  tlie  right  of  serving  upon  a  jury.  The  great  State  of  New 
York,  however,  has  made  a  slight  difference  between  the  two  privi- 


437 

leges,  but  In  a  spirit  contrary  to  that  of  the  laws  of  France;  for  in 
tlie  State  of  New  York  there  aro  fewer  persons  eligible  as  jurymen 
than  there  aro  electors.  It  may  be  said  in  general  that  the  right  of 
forming  part  of  a  jury,  like  the  right  of  electing  representatives,  is 
open  to  all  the  citizens :  tho  exercise  of  this  right,  however,  is  not 
pnt  indiscriminately  into  any  hands. 

Every  year  a  body  of  municipal  or  county  magistrates, —  called 
selectmen  in  New  England,  supervisors  in  Now  York,  trustees  in 
Ohio,  and  sheriffs  of  the  parish  in  Louisiana, —  choose  for  each 
county  a  certain  number  of  citizens  who  have  the  right  of  serving  as 
jurymen,  and  who  are  supposed  to  be  capable  of  exercising  tlieir 
functions.  Tliese  magistrates,  being  themselves  elective,  excite  no 
distrust ;  their  powers,  like  those  of  most  republican  magistrates,  are 
very  extensive  and  very  arbitrary,  and  they  frequently  make  use  of 
them  to  remove  unworthy  or  incompetent  jurymen. 

The  nrmes  of  the  jurymen  thus  chosen  aro  transmitted  to  tho 
county  court :  and  the  jury  who  have  to  decide  any  alTair  aro  drawn 
by  lot  from  the  whole  list  of  names. 

The  Americans  have  contrived  in  every  way  to  make  the  common 
people  eligible  to  the  jury,  and  to  render  the  service  as  little  onerous 
as  possible.     The  sessions  are  held  in  the  chief  town  of  every  coun- 
ty ;  and  the  jury  are  indemnified  for  their  attendance  either  by  the 
State  or  the  parties  concerned.     They  receive  in  general  a  dollar 
per  day,  besides  their  travelling  expenses.     In  America  the  being 
placed  upon  the  jury  is  looked  upon  as  a  burden,  but  it  is  a  burden 
which  is  very  supportable.     See  Brevard's  Digest  of  the  Public 
Statute  Law  of  South   Carolina,  vol.  i.  pp.  446  and  454,  vol.  ii. 
pp.  218  and  338 ;    The  General  Laws  of  Massachusetts,  revised 
and  jmblisliK'i  by  Authority  of  the  Legislature,  ro\.  ii.  pp.  187  and 
331 ;   The  Revised  Statutes  of  the  State  of  New   York,  vol.  ii.  pp. 
411,  643,  717,  720  ;   The  StatutK  Law  of  the  State  of  Tennessee, 
vol.  i.  p.  209 ;    Acts  of  the  State  of  Ohio,  pp.  95  and  210 ;  and 
Digeste  Qintral  des  Ajctes  dc  la  Legislature  dc  la  Louisiane. 


APPENDIX  R.— Page  267. 

If  we  attentively  examine  the  constitution  of  the  jury  as  introduced 
into  civil  proceedinjr^  in  England,  we  shall  readily  perceive  iliat  tho 
jurors  are  undc'r  th.;  imujediate  control  of  the  judge.  It  is  true  that 
the  verdict  of  the  jury,  h\  civil  as  well  as  in  criminal  cases,  comprises 


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the  question  of  fact  and  the  question  of  right  in  the  same  reply : 
thus,  A  house  is  claimed  by  Peter  as  having  been  purchased  by  hira : 
this  is  the  fact  to  be  decided.  The  defendant  puts  in  a  plea  of  in- 
competency on  the  part  of  the  vendor :  this  is  the  legal  question  to 
be  resolved. 

But  the  jury  do  not  enjoy  the  same  character  of  infallibility  in 
civil  cases,  according  to  the  practice  of  the  English  courts,  as  they 
do  in  criminal  cases.  The  judge  may  refuse  to  receive  the  verdict ; 
and  even  after  the  first  trial  has  taken  place,  a  second  or  new  trial 
may  be  awarded  by  the  Court. 
Book  iii.  ch,  24. 


See  Blackstone*s  Commentaries, 


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THE   END. 


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ased  by  him : 
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the  verdict ; 
or  new  trial 
ommentaries, 


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,"  ' 

I'  ,' 

■'I 


NOTES  BY  THE  AMERICAN  EDITOR. 


NOTE  TO  PAGE  34. 

The  paragraph  beginning  "  In  America  there  are  comparatively 
few  who  are  rich  enough  to  live  without  a  profession,"  does  not  fair- 
ly render  the  meaning  of  the  author.  The  original  French  is  as 
follows : — 

"  En  Amerique  il  y  a  peu  de  riches  ;  presque  tous  les  Americains 
ont  done  besoin  d'  exercer  une  profession.  Or,  toute  profession 
exige  un  apprentissage.  Les  Americains  no  peuvent  done  donner  a 
la  culture  generale  de  Tintelligence  que  les  premieres  annees  de  la 
vie  :  a  quinze  ans,  ils  entrent  dans  une  carriere  :  ainsi  leur  education 
finit  le  plus  souvent  a  I'epoque  ou  la  notre  commence." 

What  is  meant  by  the  remark  "  that  at  fifteen  they  enter  upon  a 
career,  and  thus  their  education  is  very  often  finished  at  the  epoch 
when  ours  commences,"  is  not  clearly  perceived.  Our  professional 
men  enter  upon  their  course  of  preparation  for  their  respective  pro- 
fessions, wholly  between  18  and  21  years  of  age.  Apprentices  to 
trades  are  bound  out,  ordinarily,  at  fourteen,  but  what  general  edu- 
cation they  receive  is  after  that  period.  Previously,  they  have  ac- 
quired the  mere  elements  of  reading,  writing,  and  arithmetic.  But 
it  is  supposed  there  is  nothing  peculiar  to  America,  in  the  age  at 
which  apprenticeship  commences.  In  England,  they  commence  at 
the  same  age,  and  it  is  believed  that  the  same  thing  occurs  throughout 
Europe.  It  is  feared  that  the  author  has  not  here  expressed  himself 
with  his  usual  clearness  and  precision. 
56 


442 


NOTE  TO  PAGE  70- 


!"  3 


1' 


I 


The  author's  note  on  this  page,  suggesting  the  appointment  of  an 
agent  of  the  government  to  prosecute  town  and  county  officers  for 
official  misconduct,  seems  to  have  been  written  without  reference  to 
the  provision  existing,  it  is  believed,  in  every  State  in  the  Union,  by 
which  a  local  officer  is  appointed  in  each  county,  to  conduct  all  pub- 
lic prosecutions  at  the  expense  of  the  State.  And  in  each  county,  a 
grand  jury  is  assembled  three  or  four  times  at  least  in  every  ytar, 
to  which  all  who  are  aggrieved  have  free  access,  and  where  every 
complaint,  particularly  those  against  public  officers,  which  have  the 
least  color  of  truth,  are  sure  to  be  heard  and  investigated. 

Such  an  agent  as  the  author  suggests,  would  soon  come  to  be  con- 
sidered a  public  informer,  the  most  odious  of  all  characters  in  the 
United  States  ;  and  he  would  lose  all  efficiency  and  strength.  With 
the  provision  above-mentioned,  there  is  little  danger  that  a  citizen 
oppressed  by  a  public  officer,  would  find  any  difficulty  in  becoming 
his  own  informer,  and  inducing  a  rigid  inquiry  into  the  alleged  mis- 
conduct. 


NOTE  TO  PAGE  104. 

Those  who  are  desirous  of  tracing  the  question  respecting  the 
power  of  the  President  to  remove  every  executive  officer  of  the  gov- 
ernment, without  the  sanction  of  the  Senate,  will  find  some  light 
upon  it  by  referring  to  5th  Marshall's  Life  of  Washington,  p.  196  : 
5  Sergeant  and  Rawle's  Reports,  (Pennsylvania)  451.  Report  of  a 
committee  of  the  Senate  in  1822,  in  Niles'  Register  of  29th  August 
in  that  year.  It  is  certainly  very  extraordinary  that  such  a  vast  power, 
and  one  so  extensively  affecting  the  whole  administration  of  the  gov- 
ernment, should  rest  on  such  slight  foundations,  as  an  inference  from 


443 


lintment  of  an 
ty  officers  for 
ut  reference  to 
the  Union,  by 
nduct  all  pub- 
each  county,  a 
in  every  y^ar, 
I  where  every 
'hich  have  the 
ted. 

ome  to  be  con- 
racters  in  the 
rength.  With 
that  a  citizen 
y  in  becoming 
e  alleged  mis- 


respecting  the 
cer  of  the  gov- 
nd  some  li^ht 
igton,  p.  196 : 
Report  of  a 
f  29th  August 
la  vast  power, 
on  of  the  gov- 
inference  from 


t     ; 


> 


an  act  of  Congress,  providing,  that  when  the  Secretary  of  the  Treas- 
ury should  be  removed  by  the  President,  his  assistant  should  discharge 
the  duties  of  the  office.  How  Congress  could  confer  the  power,  even 
by  a  direct  act,  is  not  perceived.  It  must  be  a  necessary  implication 
from  the  words  of  the  Constitution,  or  it  does  not  exist.  It  has  been 
repeatedly  denied  in  and  out  of  Congress,  and  must  be  considered, 
as  yet,  an  unsettled  question. 


NOTE  TO  PAGE  118. 

The  question  of  the  propriety  of  leaving  the  President  re-eligible, 
isone  of  that  class  which  probably  must  forever  remain  undecided.  The 
author  himself  at  page  100  gives  a  strong  reason  for  re-eligibility, 
"  so  that  the  chance  of  a  prolonged  administration  may  inspire  him 
with  hopeful  undertakings  for  the  public  good,  and  with  the  means  of 
carrying   them    into  execution," — considerations   of  great  weight. 
There  is  an  important  fact  bearing  upon  this  question,  which  should 
be  slated  in  connexion  with  it.     President  Washington  established 
the  practice  of  declining  a  third  election,  and  every  one  of  his  suc- 
cessors, either  from  a  sense  of  its  propriety  or  from  apprehensions  of 
the  force  of  public  opinion,  has  followed  the  example.     So  that  it  has 
become  as  much  a  part  of  the  Constitution,  that  no  citizen  can  be  a 
third  time  elected  President,  as  if  it  were  expressed  in  that  instrument 
in  words.     This  may  perhaps  be  considered  a  fair  adjustment  of  the 
objections  on  either  side.     Those  against  a  continued  and  perpetual 
re-eligibility  are  certainly  met:  while  the  arguments  in  favor  of  an 
opportunity  to  prolong  an  administration  under  circumstances  that 
may  justify  it,  are  allowed   their  due   weight.     One  effect  of  this 
practical  interpolation  of  the  Constitution,  unquestionably  is,  to  in- 
crease the  chances  of  a  President's  being  once  re-elected;  as  men 
will  be  more  disposed  to  acquiesce  in  a  measure  that  thus  practically 
excludes  the  individual  from  ever  again  entering  the  field  of  com- 
petition. 


4'fl 


NOTE  TO  PAGE  125. 

The  remark  of  the  author,  that  whenever  the  laws  of  the  United 
States  are  attacked,  or  whenever  they  arc  resorted  to  in  self-defence, 
the  Federal  courts  7iiitst  be  appealed  to,  and  which  is  more  strongly 
expressed  in  the  original,  is  erroneous  and  calculated  to  mislead  on 
a  point  of  some  importance.  By  the  grant  of  power  to  the  courts  of 
the  United  States  to  decide  certain  cases,  the  powers  of  the  State 
courts  are  not  suspended,  but  are  exercised  concurrently,  subject  to 
an  appeal  to  the  courts  of  the  United  States.  But  if  the  decision 
of  the  State  court  is  in  favor  of  the  right,  title,  or  privilege  claimed 
under  a  treaty  or  under  a  law  of  Congress,  no  appeal  lies  to  the  Fede- 
ral courts.  The  ap{)eal  is  given  only  when  the  decision  is  against 
the  claimant  under  the  treaty  or  law.  See  3d  Crunch,  268. 
1  Wheaton,  304. 


I'    n 

I" ' 

I 

I   ' 


I' 


NOTE  TO  PAGE  127. 

The  fears  of  the  author  respecting  the  danger  to  the  independence 
of  the  States  of  that  provision  of  the  Constitution,  which  gives  to  the 
Federal  courts  the  authority  of  deciding  when  a  State  law  impairs 
the  obligation  of  a  contract,  are  deemed  quite  unfounded.  The  citi- 
zens of  every  State  have  a  deep  interest  in  preserving  the  obligation 
of  tiie  contracts  entered  into  by  them  in  other  States:  indeed  with- 
out such  a  controlling  power,  "  commerce  among  the  several  States" 
could  not  exist.  The  existence  of  this  common  arbiter,  is  of  the  last 
importance  to  the  continuance  of  the  Union  itself,  for  if  there  were 
no  peaceable  means  of  enforcing  the  obligations  of  contracts,  inde- 
pendent of  all  State  authority,  the  States  themselves  would  inevitably 
come  in  collision  in  their  efforts  to  protect  their  respective  citizens 
from  the  consequences  of  the  legislation  of  another  State. 


of  the  United 
1  self-defence, 
nore  strongly 
to  mislead  on 
» the  courts  of 
of  the  State 
tly,  subject  to 
"  the  decision 
'ilege  claimed 
s  to  the  Fede- 
iion  is  against 
Crunch,   268. 


ndependence 
h  gives  to  the 
law  impairs 
d.  The  citi- 
the  obligation 
indeed  with- 
veral  States" 
,  is  of  the  last 
if  there  were 
ntracts,  inde- 
jld  inevitably 
ctive  citizens 
to. 


445 

M.  De  Tocqueville's  observation,  that  the  rights  with  which  the 
clause  in  question  invests  the  Federal  government  "  are  not  clearly 
appreciable  or  accurately  defined"  proceeds  upon  a  mistaken  view 
of  the  clause  itself.  It  relates  to  the  obligation  of  a  contract,  and 
forbids  any  act  by  which  that  obligation  is  impaired.  To  American 
lawyers,  this  seems  to  be  as  precise  and  definite  as  any  rule  can  be 
made  by.  human  language.  The  distinction  between  the  right  to 
the  fruits  of  a  contract,  and  the  time,  tribunal,  and  manner,  in  which 
that  right  is  to  be  enforced,  seems  very  palpable.  At  all  events, 
since  the  decisions  of  the  Supreme  Court  of  the  United  States  in 
those  cases  in  which  this  clause  has  been  discussed,  no  difficulty  is 
found,  practically,  in  understanding  the  exact  limits  of  the  pro- 
hibition. 

The  next  observation  of  the  author,  that  "there  are  vast  numbers 
of  political  laws  which  influence  the  existence  of  obligations  of  con- 
tracts, which  may  thus  furnish  an  easy  pretext  for  the  aggressions  of 
the  central  authority,"  is  rather  obscure.  Is  it  intended  that  politi- 
cal laws  may  be  passed  by  the  central  authority,  influencing  the  ob- 
ligation of  a  contract,  and  thus  the  contracts  themselves  be  destroy- 
ed ?  The  answer  to  this,  would  be,  that  the  question  would  not 
arise  under  the  clause  forbidding  laws  impairing  the  obligation  of 
contracts,  for  that  clause  applies  only  to  the  States  and  not  to  the 
Federal  government. 

If  it  be  intended,  that  the  States  may  find  it  necessary  to  pass  po- 
litical laws,  which  affect  contracts,  and  that  under  the  pretence  of 
vindicating  the  obligation  of  contracts,  the  central  authority  may 
make  aggressions  on  the  States  and  annul  their  political  laws : — the 
answer  is,  that  the  motive  to  the  adoption  of  the  clause,  was  to  reach 
laws  of  every  description,  political  as  well  as  all  others,  and  that 
it  was  the  abuse  by  the  States  of  what  may  be  called  political  laws, 
viz :  acts  confiscating  demands  of  foreign  creditors,  that  gave  rise  to 
the  prohibition.  The  settled  doctrine  now  is,  that  States  may  pass 
laws  in  respect  to  the  making  of  contracts,  may  prescribe  what  con- 
tracts shall  be  made,  and  how,  but  that  they  cannot  impair  any  that 
are  already  made. 

The  writer  of  this  note  is  unwilling  to  dismiss  the  subject,  without 
remarking  upon  what  he  must  think  a  fundamental  error  of  the  au- 


;»•.: 


446 


f    n 

I 


thor,  which  is  exhibited  in  the  passage  commented  on,  as  well  as  in 
other  passages  : — and  that  is,  in  supposing  the  judiciary  of  the 
United  States,  and  particularly  the  Supreme  Court,  to  be  a  part  of 
the  political  Federal  government,  and  as  the  ready  instrument  to 
execute  its  designs  upon  the  State  autliorities.  Although  the  judges 
are  in  form  commissioned  by  the  United  States,  yet  in  fact,  are  tlicy 
appointed  by  the  delegates  of  the  State,  in  the  Senate  of  the  United 
States,  concurrently  with,  and  acting  upon,  the  nomination  of  the 
President.  If  the  Legislature  of  each  State  in  the  Union  were  to 
elect  a  judge  of  the  Supreme  Court,  he  would  not  be  less  a  political 
officer  of  the  United  States  than  he  now  is.  In  truth,  the  judiciary 
have  no  political  duties  to  perform  ;  they  are  arbiters  chosen  by  the 
Federal  and  State  governments,  jointly,  and  when  appointed,  as  in- 
dependent of  the  one  as  of  the  other.  They  cannot  be  removed 
without  the  consent  of  the  States  represented  in  the  Senate,  and 
they  can  be  removed  without  the  consent  of  the  President,  and 
against  his  wishes.  Such  is  the  theory  of  the  Constitution.  And 
it  has  been  felt  practically,  in  the  rejection  by  the  Senate  of  persons 
nominated  as  judges,  by  a  President  of  the  same  political  party  with 
a  majority  of  the  Senators.  Two  instances  of  this  kind  occurred 
during  the  adminJitration  of  Mr.  Jefferson. 

If  it  be  alleged  that  they  are  exposed  to  the  influence  of  the  Ex- 
ecutive of  the  United  States,  by  tlie  expectation  of  offices  in  his  gift, 
the  answer  is,  that  judges  of  State  courts  are  equally  exposed  to  the 
same  influence, — that  all  State  officers  from  the  highest  to  the  lowest, 
are  in  the  same  predicament ;  and  that  this  circumstance  does  not, 
therefore,  deprive  them  of  the  character  of  impartial  and  independ- 
ent arbiters. 

These  observations  receive  confirmation  from  every  recent  deci- 
sion of  the  Supreme  Court  of  the  United  States,  in  which  certain 
laws  of  individual  States  have  been  sustained,  in  cases,  where  to  say 
the  least,  it  was  very  questionable  whether  they  did  not  infringe  the 
provisions  of  the  Constitution,  and  where  a  disposition  to  construe 
those  provisions  broadly  &nd  extensively,  would  have  found  very 
plausible  ground  to  indulge  itself  in  annulling  the  State  laws  referred 
to.  See  the  cases  of  City  of  New  York  vs.  Miln,  llth  Peters  103. 
Briscor  vs.  the  Bank  of  the  Commonwealth  of  Kentucky^  ib.  257. 
Charles  River  Bridge  vs.  Warren  Bridge,  ib.  420. 


447 


IS  well  as  in 
iary  of  the 
be  a  part  of 
strument  to 
\\  the  judges 
Kt,  are  they 
f  the  United 
ition  of  the 
lion  were  to 
ss  a  political 
he  judiciary 
liosen  by  the 
inted,  as  in- 
be  removed 
Senate,  and 
•esident,  and 
iition.     And 
te  of  persons 
il  party  with 
ind  occurred 

of  the  Ex- 
s  in  his  gift, 
posed  to  the 

the  lowest, 
c  does  not, 
d  indcpend- 

recent  deci- 
lich  certain 
here  to  say 
infringe  the 
to  construe 
found  very 
ws  referred 
Peters  103. 
ki/j  ib.  257. 


t 


NOTE  TO  PAGE  135. 

It  is  not  universally  correct,  as  supposed  by  the  author,  that  the 
State  Legislatures  can  deprive  their  Governor  of  his  salary  at  plea- 
sure. In  the  Constitution  of  New  York  it  is  provided,  that  the 
Governor  "  shall  receive  for  his  services  a  compensation  which  shall 
neither  be  increased  nor  diminished  during  the  term  for  which  he 
shall  have  been  elected  ;"  and  similar  provisions  are  believed  to  ex- 
ist in  other  States. 

Nor  is  the  remark  strictly  correct,  that  the  Federal  Constitution 
"  provides  for  the  independence  of  the  judges,  by  declaring  that 
their  salary  shall  not  be  alicredy  The  provision  of  the  Constitution 
is,  that  tiiey  shall,  "  at  stated  times,  receive  for  their  services  a  com- 
pensation which  shall  not  be  diminished  during  their  continuance  in 
office." 


NOTE  TO  PAGE  148. 

The  difficulty  supposed  by  the  author  in  his  note  at  this  page  is 
imaginary.  The  question  of  title  to  the  lands  in  the  case  put,  must 
depend  upon  the  Constitution,  treaties  and  laws  of  the  United  States  ; 
and  a  decision  in  the  State  court  adverse  to  the  claim  or  title  set  up 
under  those  laws,  must,  by  the  very  words  of  the  Constitution  and 
of  the  judiciary  act,  be  subject  to  review  by  the  Supreme  Court  of 
the  United  States,  ^hose  decision  is  final. 

The  remarks  in  the  text  of  this  page  upon  the  relative  weakness 
of  the  Government  of  the  Union,  are  equally  applicable  to  any  form 
of  Republican  or  Democratic  Government,  and  are  not  peculiar  to  a 
Federal  system.  Under  the  circumstances  supposed  by  the  author, 
of  all  the  citizens  of  a  State,  or  a  large  majority  of  them,  aggrieved 
at  the  same  time  and  in  the  same  manner,  by  the  operation  of  any 


148 


I 


law,  the  same  difTiciilty  would  arise  in  executing  the  laws  oi'  the 
State  as  in  those  of  the  Union.  Indeed,  such  instances  of  the  total 
ineftlcacy  of  KState  laws,  are  not  wanting.  The  fact  is,  that  Jill  re- 
publics depend  on  tjic  willingness  of  the  people  to  execute  the  laws. 
If  they  will  not  enforce  them,  there  is,  so  far,  an  end  to  the  govern- 
ment, for  it  possesses  no  power  adequate  to  the  control  of  the  phy- 
sical power  of  the  people. 

Not  only  in  theory,  but  in  fact,  a  republican  government  must  be 
administered  by  tho  people  themselves.  They,  and  they  alone, 
must  execute  the  laws.  And  hence  the  first  principle  in  such  gov- 
ernnents,  that  on  which  all  others  depend,  and  without  which  no  other 
can  exist,  is  and  must  be,  obedience  to  the  existing  laws  at  all  times 
and  under  all  circumstances.  It  is  the  vital  condition  of  the  social 
compact.  He  who  claims  u  dispensing  power  for  himself,  by  which 
he  suspends  the  operation  of  tho  law  in  his  own  case,  is  worse  than 
a  usurper,  for  he  not  only  tramples  under  foot  tho  Constitution  of  his 
country,  but  violates  the  reciprocal  pledge  which  he  has  given  to  his 
fellow  citizens,  and  has  received  from  them,  that  he  will  abide  by  the 
laws  constitutionally  enacted ;  upon  the  strength  of  which  pledge, 
his  own  personal  rights  and  acquisitions  are  protected  by  the  rest  of 
the  community. 


NOTE  TO  THE  REMARKS  AT  PAGE  189  TO  191,  RE- 
SPECTING THE  ARBITRARY  POWERS  OF  MAGIS- 
TRATES. 

The  observations  respecting  the  arbitrary  powers  of  magistrates 
are  practically  among  the  most  erroneous  in  the  work.  The  author 
seems  to  have  confounded  the  idea  of  magistrates  being  independent 
with  their  being  arbitrary.  Yet  he  had  just  before  spoken  of  their 
dependence  on  popular  election  as  a  reason  why  there  was  no  ap- 
prehension of  the  abuse  of  their  authority.     The  independence  then 


i'^ 


449 

to  which  ho  alludes  must  bo  an  immunity  from  responsibility  to  any 
other  department.  But  it  is  f'  fundamental  principle  of  our  system, 
that  all  officers  are  liable  to  criminal  prosecution  '*  whenever  they 
act  partially  or  oppressively  from  a  malicious  or  corrupt  motive." 
See  15  Wendell's  Reports,  278.  That  our  majristrates  are  independ- 
ent when  they  do  not  act  partially  or  oppressively  is  very  true,  and 
it  is  to  be  hoped,  is  equally  true  in  every  form  of  government.  There 
would  seem  therefore,  not  to  be  such  a  degree  of  independence,  as 
necessarilyto  produce  arbitrariness.  Thoauthorsupposcs  that  magis- 
trates are  more  arbitrary  in  a  despotism  and  in  a  democracy  than 
in  a  limited  monarchy.  And  yet,  the  limits  of  independence  and 
of  responsibility  existing  in  the  United  States,  are  borrowed  from 
and  identical  withtl.oso  established  in  England, — the  most  prominent 
instance  of  a  limited  monarchy.  See  the  authorities  referred  to  in 
the  case  in  Wendell's  Reports,  before  quoted.  Discretion  in  the 
execution  of  various  ministerial  duties,  and  in  the  awarding  of  pun- 
ishment by  judicial  ofTicers,  is  indispensable  in  every  system  of  gov- 
ernment, from  the  utter  impossibility  of  "laying  down  beforehand,  a 
line  of  conduct"  (as  the  author  expresses  it)  in  such  cases.  The 
very  instances  of  discretionary  power  to  which  he  refers,  and  which 
he  considers  arbitrari/,  exist  in  England.  Thee,  the  persons  from 
whom  juries  are  to  be  formed  for  the  trial  of  causes  civil  and  criminal, 
are  selected  by  the  Sheriffs,  who  are  appointed  by  the  crown, — a 
powq^r,  certainly  more  liable  to  abuse  in  their  hands,  than  in  those 
of  select-men  or  other  town  officers,  chosen  annually  by  the  people. 
The  other  power  referred  to,  that  of  posting  the  names  of  habitual 
drunkards,  and  forbidding  their  being  supplied  with  liquor,  is  but  a 
re-iteration  of  the  principles  contained  in  the  English  Statute  of  32 
Geo.  3  ch.  45,  respecting  idle  and  disorderly  persons.  Indeed,  it 
may  be  said  with  great  confidence,  that  there  is  not  an  instance  of 
discretionary  power  being  vested  in  American  magistrates  which 
does  not  find  its  prototype  in  the  English  laws.  The  whole  argu- 
ment of  the  author,  on  this  point  therefore,  would  seem  to  fail. 


57 


450 


NOTE  TO  PAGE  192. 


In 
V 
I 

If 


;i 


His  remarks  upon  the  "  instability  of  administration"  in  America, 
are  partly  correct,  but  partly  erroneous.  It  is  certainly  true  that 
our  public  men  are-  not  educated  to  the  business  of  government  ; 
even  our  diplomatists  are  selected  with  very  little  reference  to  their 
experience  in  tiiat  Department.  But  the  universal  attention  that 
is  paid  by  the  intelligent,  to  the  measures  of  government  and  to  the 
discussions  to  which  they  give  rise,  is  in  itself  no  slight  preparation 
for  the  ordinary  duties  of  legislation.  And,  indeed,  this  the  author 
subsequently,  at  p.  101),  seems  to  admit.  As  to  there  being  "  no 
archives  formed"  of  public  documents,  the  author  is  certainly  mis- 
taken. The  journals  of  Congress,  the  journals  of  State  legislatures, 
the  public  documents  transmitted  to  and  originating  in  those  bodies, 
are  carefully  preserved  and  disseminated  through  the  nation:  and 
they  furnish  in  themselves  the  materials  of  a  full  and  accurate  history. 
Our  great  defect,  doubtless  is,  in  the  wani  of  statistical  information. 
Excepting  the  annual  reports  of  the  state  of  our  commerce,  made  by 
the  Secretary  of  the  Treasury',  under  a  law,  and  excepting  the  census 
which  is  taken  every  ten  years  under  the  authority  of  Congress,  and 
those  taken  by  the  States,  we  have  no  official  statistics.  It  is  supposed 
that  the  author  had  this  species  of  information  in  his  mind,  when  he 
alluded  to  the  general  deficiency  of  our  archives. 


NOTE  TO  PAGE  208. 

The  remark  that  "  in  America  the  use  of  conscription  is  unknown, 
and  men  are  induced  to  enlist  by  bounties"  is  not  exactly  correct. 
During  the  last  wa»-  with  Great  Britain,  the  State  of  Now  York  in 
October  1814  (See  the  laws  of  that  Session,  p.  15)  passed  an  act  to 
raise  troops  for  the  defence  of  the  State,  in  which  the  whole  body 


( ' 


451 


"  in  America, 
inly  true  that 
government ; 
irence  to  their 
attention  that 
ent  and  to  the 
It  preparation 
his  tiie  author 
re  being  "  no 
certainly  mis- 
te  legislatures, 
I  those  bodies, 
e  nation:  and 
curate  history, 
al  information, 
erce,  made  by 
Ling  the  census 
Congress,  and 
It  is  supposed 
nind,  when  he 


)n  is  unknown, 
xactly  correct. 
'  Now  York  in 
issed  an  act  to 
ic  whole  body 


of  the  militia  were  directed  to  be  classed,  and  each  class  to  furnish 
one  soldier,  so  as  to  make  up  the  whole  number  of  12,000  directed 
to  be  raised.  In  case  of  the  refusal  of  a  class  to  furnish  a  man,  one 
was  to  be  detached  from  them  by  ballot,  and  was  compelled  to  pro- 
cure a  substitute  or  serve  personally.  The  intervention  of  peace 
rendered  proceedings  under  the  act  unnecessary,  and  we  have  not, 
therefore,  the  light  of  experience  to  form  an  opinion  whether  such  a 
plan  of  raising  a  military  force  is  practicable.  Other  States  passed 
similar  laws.  The  system  of  classing  was  borrowed  from  tlie  prac- 
tice of  the  revolution. 


NOTE  TO  THE  REMARKS  FROM  PAGE  240  TO  247. 
ON  THE  TYRANNY  OF  THE  MAJORITY. 

The  author's  views  upon  what  he  terms  the  tyranny  of  the  major- 
ity, the  despotism  of  public  opinion  in  the  United  States,  have  already 
excited  some  remarks  in  this  country,  and  will  probably  give  occasion 
to  more.     As  stated  in  the  preface  to  this  edition,  the  editor  does 
not  conceive  himself  called  upon  to  discuss  the  speculative  opinions 
ot  the  author,  and  supposes  he  will  best  discharge  his  duty  by  con- 
fining his  observations  to  what  he  deems  errors  of  fact  or  law.     But 
in  reference  to  this  particular  subject,  it  seems  due  to  the  author  to 
remark,  that  he  visited  the  United  States  at  a  particular  time,  when 
a  successful  political  chieftain  had  succeeded  in  establishing  his  par- 
ty in  power,  as  it  seemed,  firmly  and  permanently;    when  the  pre- 
ponderance of  that  parry  was  immense,  and  when  there  seemed  little 
prospect  of  any  changp.     He  may  have  met  with  men  who  sank  un- 
der the  astonishing  popularity  of  General  Jackson,  who  despaired  of 
the  Republic,  and  who  therefore  siirunk  from  the  expression  of  their 
opmions.     It  must  be  confessed,  however,  that  the  author  is  obnox- 
ious to  the  charge  which  has  been  made,  of  the  want  of  perspicuity 


452 


hi  t, 


If 


I 


\ii  ''1^ 


and  distinctness  in  this  part  of  his  work.  He  does  not  mean  that  the 
press  was  silent,  for  he  has  himself  not  only  noticed,  but  furnished 
proof  of  the  great  fieedom,  not  to  say  licentiousness  with  which  it 
assailed  the  character  of  the  President,  aiid  the  measures  of  his  ad- 
ministrr  cion. 

He  does  not  mean  to  represent  the  opponents  of  the  dominant  par- 
ty as  having  thrown  down  their  weapons  of  warfan»,  for  his  book 
shows  throughout,  his  knowledge  of  the  existence  of  an  active  and 
able  party,  constantly  opposing  and  harassing  the  administration. 

But,  after  a  careful  perusal  of  the  chapters  on  this  subject,  the 
editor  is  inclined  to  the  opinion,  that  M.  De  Tocqueville  intends  to 
speak  of  the  Tyranny  of  the  party  in  excluding  from  public  employ- 
ment all  those  who  do  not  adopt  the  Shibboleth  of  the  majority. 
The  language  at  p.  245,  246  of  this  edition,  which  he  puts  in  the 
mouth  of  a  majority,  and  his  observations  at  p.  248,  seem  to  furnish 
the  key  to  his  meaning,  although  it  must  be  admitted  that  there  are 
other  passages  to  which  a  wider  construction  may  be  given.  Per- 
haps they  may  be  reconciled  by  the  idea  that  the  author  considers 
the  acts  and  opinions  of  the  dominant  party,  as  the  just  and  true  ex- 
pression of  public  opinion.  And  hence,  when  he  speaks  of  the  in- 
tolerance of  public  opinion,  he  means  the  exclusiveness  of  the  party, 
which,  for  the  time  being,  may  be  predominant.  He  had  seen  men 
of  acknowledged  competency  removed  from  office,  or  excluded  from 
it,  wholly  on  the  ground  oftheir  entertaining  opinions  hostile  tothosuof 
the  dominant  party,  or  majority.  And  he  had  seen  this  system  ox- 
tended  to  the  very  lowest  officers  of  the  government,  and  applied  by 
the  Electors  in  their  choice  of  officers  of  all  descriptions  ;  and  this 
he  deemed  persecution — tyranny — despotism.  But  he  surely  is  mis- 
taken in  representing  the  effect  of  this  system,  of  terror  as  stifling 
all  complaint,  silencing  all  opposition,  and  inducing  "  enemies  and 
friends  to  yoke  themselves  alike  to  the  triumphant  car  of  the  major- 
ity." He  mistook  a  temporary  state  of  parties  for  a  permanent  and 
ordinary  result,  and  he  was  carried  away  by  the  immense  majority 
•that  then  supported  the  administration,  to  the  belief  of  an  universal 
acquiescence.  Without  intending  here  to  speak  of  the  merits  or  de- 
merits of  those  who  represented  that  majority,  it  is  proper  to  remark, 
that  the  great  change  which  has  taken  place  since  the  period  when 


I 


453 


;  mean  that  the 
but  furnished 
with  which  it 
nes  of  his  ad- 
dominant  par- 
',  for  his  booic 
an  active  and 
ninistration. 
Iiis  subject,  the 
ille  intends  to 
public  employ- 
the   majority, 
le  puts  in  the 
seem  to  furnish 
that  there  are 
le  given.     Per- 
iithor  considers 
ist  and  true  ex- 
eaks  of  the  in- 
ss  of  the  party, 
liad  seen  men 
exchided  from 
3stile  tothoso  of 
tliis  system  ox- 
and  applied  by 
tions  ;  and  this 
10  surely  is  mis- 
rror  as  stifling 
"  enemies  and 
r  of  the  major- 
permanent  and 
iiense  majority 
f  an  universal 
le  merits  or  de- 
per  to  remark, 
e  period  when 


I 


the  author  wrote,  in  the  political  condition  of  the  very  persons  who 
he  supposed  then  wielded  the  terrors  of  disfranchisement  against 
their  opponents,  in  itself  furnishes  a  full  and  complete  demonstration 
of  the  error  of  his  opinions  respecting  the  "  true  independence  of 
mind  and  freedom  of  discussion"  in  America.  For  without  such  dis- 
cussion to  enlighten  the  minds  of  the  people,  and  without  a  stern  in- 
dependence of  the  rewards  and  threats  of  those  in  power,  the  change 
alluded  to  could  not  have  occurred. 

There  is  reason  to  complain  not  only  of  the  ambiguity,  but  of  the 
style  of  exaggeration  which  pervades  all  the  remarks  of  the  author  on 
this  subject — so  diflerent  from  ihe  well  considered  and  nicely  ad- 
justed language  employed  by  him  on  all  other  topics.  Thus,  at  p. 
242,  he  implies  that  there  is  no  means  of  redress  aflbrded  even  by 
the  judiciary,  for  a  wrong  committed  by  the  majority.  Flis  error  is, 
first,  in  supposing  the  jury  to  constitute  the  judicial  power;  second^ 
overlooking  what  he  has  himself  elsewhere  so  well  described;  the  in- 
dependence of  the  judiciary  and  its  means  of  controlling  the  action 
of  a  majority  in  a  state  or  in  the  Federal  government ;  and  thirdhj^ 
in  omitting  the  proper  considerations  of  the  frequent  changes  of  pop- 
ular sentiment  by  which  the  majority  of  yesterday  becomes  the  mi- 
nority of  to  day,  and  its  acts  of  injustice  are  reversed. 

Certain  it  is  that  the  instances  which  he  cites  at  this  page,  do  not 
establish  his  position  respecting  the  disposition  of  the  majority.  The 
riot  at  Baltimore,  was  like  other  riots  in  England  and  in  France,  the 
result  of  popular  frenzy  excited  to  madness  by  conduct  of  the  most 
provoking  character.  The  majority  in  the  State  of  INiaryland  and 
throughout  the  United  States,  highly  disapproved  the  acts  of  violence 
committed  on  the  occasion.  The  acijuittal  by  a  jury  of  those  ar- 
raigned for  the  murder  of  Gen.  Lingan,  proves  only,  that  there  was 
not  sufficient  evidence  to  identify  the  accused,  or  that  the  jury  was 
governed  by  passion.  It  is  not  perceived  how  the  majority  of  the 
people  are  answerable  for  the  verdicts  rendered.  Tlie  guilty  have 
often  been  erroneously  acquitted  in  all  countries,  and  in  France  par- 
ticularly, recent  instances  are  not  wantingof  acquittals,  especially  in 
prosecutions  for  political  oflbnces,  against  clear  and  indisputable  tes- 
timony. And  it  was  entirely  fortuitous  that  the  jury  was  composed 
of  men  whose  sympathies  were  with  the  rioters  and  murderers,  if  the 


454 


pi) 

D 

I' " 


fact  was  so.  It  not  unfrcquontly  happens  that  a  jury  taken  from  lists 
furnished  years  perhaps,  and  always  a  long  time  before  the  trial,  are 
decidedly  hostile  to  the  temporary  prevailing  sentiments  of  their  city, 
county,  or  state. 

As  to  to  the  other  instance,  if  the  inhabitants  of  Pennsylvania  in- 
tended to  intimate  to  our  author,  that  a  colored  voter  would  be  in 
personal  jeopardy  for  venturing  to  appear  at  the  polls  to  exercise  his 
right,  it  must  be  said  in  truth,  that  the  incident  was  local  and  peculiar, 
and  contrary  to  what  is  annually  witnessed  throughout  the  States 
where  colored  persons  are  permitted  to  vote,  who  exercise  that  privi- 
lege with  as  full  immunity  from  injury  or  oppression,  as  any  white 
citizen.  And,  after  all,  it  is  believed  that  the  state  of  feeling  inti- 
mated by  the  informant  of  our  author,  is  but  an  indication  of  dislike 
to  a  caste  degraded  by  servitude  and  ignorance  ;  and  it  is  not  per- 
ceived how  it  proves  the  despotism  of  a  majority  over  the  freedom 
and  independence  of  opinion.  If  it  be  true,  it  proves  a  detestable 
tyranny  over  acts,  over  the  exercise  of  an  acknowledged  right. 
The  apprehensions  of  a  mob  committing  violence  deterred  the  color- 
ed voters  from  approaching  the  polls.  Are  the  instances  unknown 
in  England  or  even  in  France,  of  peaceable  subjects  being  prevented 
by  mobs  or  the  fear  of  them,  from  the  exorcise  of  a  right,  from  the 
discharge  of  a  duty  ?  And  are  they  evidences  of  the  despotism  of  a 
majority  in  those  countries  ? 


NOTE  TO  PAGE  257,  RESPECTING   THE   FORCE  OF 
PRECEDENTS  IN  AMERICA. 

The  remark  that  English  and  American  lawyers  found  their 
opinions  and  their  decisions  upon  those  of  their  foreHithers,  is  calcu- 
lated to  excite  surprise  in  an  American  reader,  who  supposes  that 
iaw  as  a  prescribed  rule  of  action,  can  only  be  ascertained  in  cases 


435 

where  the  Statutes  are  silent,  by  reference  to  the  decisions  of  courts. 
On  the  Continent,  and  particularly  in  France,  as  the  writer  of  this 
note  learned  from  the  conversation  of  M.  De  Tocqueville,  the  judi- 
cial tribunals  do  not  deem  themselves  bound  by  any  precedents,  or 
by  any  decisions  of  their  predecessors  or  of  the  appellate  tribunals. 
They  respect  such  decisions  as  the  opinions  of  distinguished  men, 
and  they  pay  no  higher  regard  to  their  own  previous  adjudications 
of  any  case.  It  is  not  easy  to  perceive  how  the  law  can  acquire  any 
stabilty  under  such  a  system,  or  how  any  individual  can  ascertain 
his  rights,  without  a  lawsuit.  This  note  should  not  be  concluded 
without  a  single  remark  upon  what  the  author  calls  an  implicit  defer- 
ence to  the  opinions  of  our  forefathers,  and  abnegation  of  our  own 
opinions.  The  Common  law  consists  of  principles  founded  on  the 
common  sense  of  mankind,  and  adapted  to  the  circumstances  of  man 
in  civilized  society.  When  these  principles  are  once  settled  by 
competent  authority,  or  rather  declared  by  such  authority,  they  are 
supposed  to  express  the  common  sense  and  the  common  justice  of 
the  community  ;  and  it  requires  but  a  moderate  share  of  modesty  for 
any  one  entertaining  a  dilferent  view  of  them,  to  consider  that  the 
disinterested  and  intelligent  judges  who  have  declared  them,  are 
more  likely  to  be  right  than  he  is.  Perfection,  even  in  the  law,  he 
does  not  consider  attainable  by  human  beings,  and  the  greatest  ap- 
proximation to  it,  is  all  that  he  expects  or  desires.  Besides,  there 
are  very  few  cases  of  positive  and  abstract  rule,  where  it  is  of  any 
consequence  which,  of  any  two  or  more  modifications  of  it,  should 
be  adopted.  The  great  point  is,  that  there  should  be  a  rule  by 
which  conduct  may  be  regulated.  Thus,  whether  in  mercantile 
transactions  notice  of  a  default  by  a  principal,  shall  be  given  to  an 
indorser,  or  a  guarantor,  and  when  and  how  such  notice  shall  be 
given,  are  not  so  important  in  themselves,  as  it  is  that  there  should 
be  some  r  •'-  to  which  merchants  may  adapt  themselves  and  their 
transactions.  Statutes  can  not,  or  at  least  do  not  prescribe  the  rules 
in  a  large  majority  of  cases.  If  then  they  are  not  drawn  from  the 
decisions  of  courts,  they  will  not  exist,  and  men  will  be  wholly  at  a 
loss  for  a  guide  in  the  most  important  transactions  of  business. 
Hence  the  deference  paid  to  legal  decisions.  But  this  is  not  im- 
plicit, as  the  author  supposes.     The  course  of  reasoning  by  which 


456 


y,) 

r\ 

> 

111',  , 

,"■3 

1^1 


1 


I 

"'is 


the  courts  have  come  to  their  (ionchisions,  is  often  assailed  by  the 
advocate  and  shown  to  be  fallacious,  and  the  instances  are  not  un- 
frequent  of  courts  disregarding  prior  decisions  and  overruling  when 
not  fair!y  deducible  from  sound  reason. 

Again,  the  principles  of  the  common  law  are  flexible,  and  adapt 
themselves  to  changes  in  society,  and  a  well  known  maxim  in  our 
system,  that  when  the  reason  of  the  law  ceases,  the  law  itself  ceases, 
has  overthrown  many  an  antiquated  rule.  Within  these  limits,  it  is 
conceived  there  is  range  enough  for  the  exercise  of  all  the  reason  of 
the  advocate  and  the  judge,  without  unsettling  every  thing  and  de- 
priving the  conduct  of  human  affairs  of  all  guidance  from  human  au- 
thority ; — and  the  talents  of  our  lawyers  and  courts  find  sufficient 
exercise  in  applying  the  principles  of  one  case  to  the  facts  of  another. 


NOTE  TO  PAGE  2G7. 

The  remark  in  the. text  that  "in  some  cases,  and  they  are  fre- 
quently the  most  important  ones,  the  American  judges  have  the 
right  of  deciding  causes  alone,"  and  the  author's  note  in  the  same 
page,  that  "  the  Federal  judges  decide,  upon  their  own  authority,  al- 
most all  the  questions  most  important  to  the  country,"  seem  to  require 
explanation  in  consequence  of  their  connexion  with  the  context  in 
which  the  author  is  speaking  of  the  trial  by  jury.  They  seem  to  im- 
ply that  there  are  some  cases  which  ought  to  be  tried  by  jury  that 
are  decided  by  the  judges.  It  is  believed  that  the  learned  author, 
although  a  distinguished  advocate  in  France,  never  thoroughly  com- 
prehended the  grand  divisions  of  our  complicated  system  of  law,  in 
civil  cases.  First,  is  the  distinction  between  cases  in  equity  and 
those  in  which  the  rules  of  the  common  law  govern.  Those  in  equity 
are  always  decided  by  the  judge  or  judges,  who  mai/,  however,  send 
questions  of  fact  to  be  tried  in  the  common  law  courts  by  a  jury. 
But  as  a  general  rule  this  is  entirely  in  the  discretion  of  the  Equity 


457 


lailed  by  the 

are  not  un- 

ruling  when 

!,  and  adapt 
ixim  in  our 
Itself  ceases, 
!  limits,  it  is 
he  reason  of 
ing  and  de- 
n  human  au- 
ind  sufficient 
s  of  another. 


hey  are  fre- 
es have  the 
n  the  same 
luthority,  al- 
m  to  require 
5  context  in 
seem  to  im- 
by  jury  that 
rned  author, 
aughly  com- 
n  of  law,  in 
1  equity  and 
ise  in  equity 
wever,  send 
s  by  a  jury, 
the  Equity 


judge.  Second,  In  cases  at  common  law,  there  are  questions  of  fact 
and  questions  of  law: — the  former  are  invariably  tried  by  a  jury, 
the  latter,  whether  presented  in  the  course  of  a  jury  trial,  or  by  plead- 
ing, in  which  the  facts  are  admitted,  are  always  decided  by  the  judges. 
Third,  Cases  of  Admiralty  jurisdiction,  and  proceedings  in  rem  of 
an  analogous  nature,  are  decided  by  the  judges  without  the  interven- 
tion of  a  jury.  The  cases  in  this  last  class  fall  within  the  peculiar 
jurisdiction  of  the  Federal  courts,  and  with  this  exception,  the  Fede- 
ral judges  do  not  decide  upon  their  own  authority,  any  questions, 
which,  if  presented  in  the  State  courts  would  not  also  be  decided  by 
the  judges  of  those  courts.  The  Supreme  Court  of  the  United  States, 
from  the  nature  of  its  institution  as  almost  wholly  an  appellant  court, 
is  called  on  to  decide  merely  questions  of  law,  and  in  no  case  can 
that  court  decide  a  question  of  fact,  except  it  arises  in  suits  peculiar 
to  Equity  or  Admiralty  jurisdiction.  Indeed  the  author's  original 
note  is  more  correct  than  the  translation.  It  is  as  follows  :  "  Les 
juges  federaux  tranchent  presque  toujours  seuls  les  questions  qui 
touchent  de  plus  pres  au  gouvernement  du  pays."  And  it  is  very 
true  that  the  Supreme  Court  of  the  United  States,  in  particular,  de- 
cides those  questions  which  most  nearly  affect  the  government  of  the 
country,  because  those  are  the  very  questions  which  arise  upon  the 
constitutionality  of  the  laws  of  Congress  and  of  the  several  States, 
the  final  and  conclusive  determination  of  which  is  vested  in  that  tri- 
bunal. 


NOTE  TO  PAGE  279. 

The  sentence  at  the  top  of  the  page,  beginning  "  I  was  poor,  I 
became  rich,"  &c.,  struck  the  editor  on  perusal,  as  obscure,  if  not 
contradictory.  The  original  seems  more  explicit,  and  justice  to  the 
author  seems  to  require  that  it  should  be  presented  to  the  reader. 
"  J'etais  pauvre,  me  voici  riche :  du  nioins,  si  le  bien-^tre,  en  agissant 
68 


458 

sur  ma  conduitc,  laissalt  mon  jugement  en  liberte  !  Mais  non,  mes 
opinions  sont  en  eflet  changoes  avec  nia  fortune,  et,  dans  I'evenement 
heureux  dont  je  profile,  j'ai  reellement  decouvert  la  raison  determi- 
nanto  qui  jusque — la  m'avait  manque." 


I' 


NOTE  TO  PAGE  287. 

The  instance  given  by  the  author  of  a  person  offered  as  a  witness, 
having  been  rejected  on  the  ground  that  he  did  not  believe  in  the 
existence  of  a  God,  seems  to  be  adduced  to  prove  either  his  asser- 
tion that  the  Americans  hold  religion  to  be  indispensable  to  the 
maintenance  of  republican  institutions — or  his  assertion,  that  if  a 
man  attacks  all  the  sects  to,  ^ther,  every  one  abandons  him  and  he 
remains  alone.  But  it  is  questionable  how  far  the  fact  quoted 
proves  either  of  these  positions.  The  rule,  which  prescribes  as  a 
qualification  for  a  witness,  the  belief  in  a  Supreme  Being  who  will 
punish  falsehood,  without  which  he  is  deemed  wholly  incompetent  to 
testify,  is  establislied  for  the  protection  of  personal  rights,  and  not  to 
compel  the  adoption  of  any  system  of  religious  belief.  It  came  with 
all  our  fundamental  principles  from  England,  as  a  part  of  the  com- 
mon law  which  the  Colonists  brought  with  them.  It  is  supposed 
to  prevail  in  every  country  in  Christendom,  whatever  may  be  the 
form  of  its  government  ;  and  the  only  doubt  that  arises  respecting 
its  existence  in  France,  is  created  by  our  author's  apparent  sur- 
prise at  finding  such  a  rule  in  America. 


NOTE  TO  PAGE  296. 

The  remark  that  in  America  "  there  are  very  good  workmen 
but  very  few  inventors,"  will  excite  surprise  in  this  country.  The 
inventive  character  of  Fulton,  he  seems  to  admit,  but  would  appa- 


;■ 
U 


i 


459 

rontly  deprive  us  of  tlie  credit  of  liis  name,  by  the  remark  that  he 
was  obliged  to  profler  his  services  to  foreign  nations  for  a  long  time. 
He  might  have  added,  that  those  proflers  were  disregarded  and  neg- 
lected, and  that  it  was  finally  in  his  own  country  that  he  found  the 
aid  necessary  to  put  in  execution  his  great  project.  If  there  bo 
patronage  extended  by  the  citizens  of  the  United  Stales  to  any  one 
thing  in  preference  to  another,  it  is  to  the  results  of  inventive  genius. 
Surely,  Franklin,  Rittenhouso  and  Perkins,  have  been  heard  of  by 
our  author  ;  and  he  must  have  heard  something  of  that  wonderful 
invention,  the  Cotton-gin  of  Whitney,  and  of  the  machines  for  mak- 
ing cards  to  comb  wool.  The  original  machines  of  Fulton  for  the 
application  of  steam  have  been  constantly  improving,  so  that  there 
is  scarcely  a  vestige  of  them  remaining.  But  to  sum  up  the  whole, 
in  one  word,  can  it  be  possible  that  our  Author  did  not  visit  the  Pa- 
tent Oflico  at  Washington  ?  Whatever  may  be  said  of  the  utility 
of  nine-tenths  of  the  inventions  of  which  the  descriptions  and  mo- 
dels are  there  deposited,  no  one  who  has  ever  seen  that  depository, 
or  who  has  read  a  description  of  its  contents,  can  doubt  that  they 
furnish  the  most  incontestible  evidence  of  extraordinary  inventive 
genius  ; — a  genius  that  has  excited  the  astonishment  of  other  Euro- 
pean travellers. 


NOTE  UPON  THE  REMARK  AT  PAGE  3()6  TO  3G8  RE- 
SPECTING T[1E  POWER  OF  THE  FEDERAL  GOV- 
ERiNMENT  TO  PRESERVE  THE  UNION. 


The  remarks  respecting  the  inability  of  the  Federal  government 
to  retain  within  the  Union  any  State  that  may  chose  "  to  withdraw 
its  name  from  the  contract,"  ought  not  to  pass  through  an  American 
edition  of  tliis  work,  without  the  expression  of  a  dissent  by  the  editor 
from  the  opinion  of  the  author.  The  laws  of  the  U  lited  States  must 
remain  in  force  in  a  revolted  State,  until  repealed  by  Congress;  the 


460 


?' 

f    ll 


li 


% 


I 


customs  and  postages  must  be  collected;  tlie  courts  of  the  United  States 
must  sit,  and  must  decide  the  causes  submitted  to  them ;  as  has  been  very 
happily  explained  by  the  author,  the  courts  act  upon  individuals.    If 
their  judgments  are  resisted,  the  executive  arm  must  interpose,  and 
if  the  State  authorities  aid  in  the  resistance,  the  military  power  of 
the  whole  Union  must  be  invoked  to  overcome  it.     So  long  as  tho 
laws  affecting  tho  citizens  of  such  a  State  remain,  and  so  long  as 
there  remain  any  officers  of  the  general  government  to  enforce  them, 
these  results  must  follow  not  only  theoretically  but  actually.     The 
author  probably  formed  the  opinions  which  are  the  subject  of  these 
remarks,  at  the  commencement  of  the  controversy  with  South  Caro- 
lina respecting  the  Tariff.     And  when  they  were  written  and  pub- 
lished, he  had  not  learned  the  result  of  that  controversy,  in  which 
the  supremacy  of  the  Union  and  its  laws,  was  triumphant.     There 
was  doubtless  great  reluctance  in  adopting  the  necessary  measures 
to   collect  the  customs,  and  to  bring  every  legal  question  that  could 
possibly  arise  out  of  the   controversy,  before  the  judiciary  of  the 
United  States,  but  they  were  finally  adopted,  and  were  not  the  less 
successful  for  being  the  result  of  deliberation  and  of  necessity.     Out 
of  that  controversy  have  arisen  some  advantages  of  a  permanent  cha- 
racter, produced  by  the  legislation  which  it  required.     There  were 
defects  in  the  laws  regulating  the  manner  of  bringing  from  the  State 
courts  into  those  of  the  United  States,  a  cause  involving  the  constitu- 
tionality of  acts  of  Congress  or  of  the  States,  through  which  the  Fede- 
ral authority  might  be  evaded.     Those  defects  were  remedied  by 
the  legislation  referred  to  ;  and  it  is  now  more  emphatically  and  uni- 
versally true,  than  when  the  author  wrote,  that  the  acts  of  the  gene- 
ral government  operate  through  the  judiciary,  upon  individual  citizens, 
and  not  utJon  the  States. 


I'  .  M, 


NOTE  TO  PAGE  370. 


The  discrepancy  between  Darley's  estimate  of  the  area  of  the 
United  States  given  by  the  author  at  p.  370,  and  that  stated  by  the 


461 


United  Sttites 
has  been  very 
dividuals.    If 
ilerpose,  and 
iry  power  of 
long  as  tlio 
I  so  long  as 
nforce  them, 
tually.     The 
lect  of  these 
South  Caro- 
3n  and  pub- 
sy,  in  which 
ant.     There 
iry  measures 
in  that  could 
iciary  of  the 
not  the  less 
essity.     Out 
manent  cha- 
There  were 
>m  the  State 
the  constitu- 
ch  the  Fede- 
emedied  by 
illy  and  uni- 
of the  gene- 
lual  citizens, 


f 


translator,  is  not  easily  accounted  for.  In  Bradford's  comprehensive 
Atlas,  a  work  generally  of  groat  accuracy,  it  is  said  that  "  as  claimed 
by  this  country,  the  territory  of  the  United  States  extends  from 
25°  to  54"  North  latitude,  and  from  66°  49'  to  125"  West  longitude, 
over  an  area  of  about  2,200,000  square  miles." 


irea  of  the 
ated  by  the 


NOTE  TO  PAGE  387. 

The  ,.emark  of  the  author,  that  "  whenever  an  interpretation  of 
the  terms  of  the  Federal  Constitution  has  been  called  for,  that  inter- 
pretation has  most  frequently  been  opposed  to  the  Union,  and  favor- 
able to  the  States"  requires  considerable  qualification. — The  in- 
stances which  the  author  cites,  are  those  of  legislative  interpreta- 
tions, not  those  made  by  the  judiciary.  It  may  be  questioned  whe- 
ther any  of  those  cited  by  him  are  fair  instances  oi  interpretation. — 
Although  the  then  President  and  many  of  his  friends  doubted  or 
denied  the  power  of  Congress  over  many  of  the  subjects,  mentioned 
by  the  author,  yet  the  omission  to  exercise  the  powers  thus  ques- 
tioned, did  not  proceed  wholly  from  doubts  of  the  Constitutional  au- 
thority. It  must  bo  remembered  that  all  these  questions  affected 
local  interests  of  the  States  or  Districts  represented  in  Congress,  and 
the  author  has  elsewhere  shown  the  tendency  of  the  local  feeling  to 
overcome  all  regard  for  the  abstract  interest  of  the  Union.  Hence 
many  members,  have  voted  on  these  questions  without  reference  to 
the  constitutional  question,  and  indeed  without  entertaining  any 
doubt  of  their  power.  These  instances,  may  afford  proof,  that  the 
Federal  power  is  declining,  as  the  author  contends,  but  they  do  not 
prove  any  actual  interpretation  of  the  Constitution.  And  so  nu- 
merous and  various  are  the  circumstances  to  influence  the  decision 
of  a  legislative  body  like  the  Congress  of  the  United  States,  that 
the  people  do  not  regard  them  as  sound  and  authoritative  exposi- 
tions of  the  true  sense  of  the  Constitution,  except  perhaps  in  those 
very  few  cases,  where  there  has  been  a  constant  and  uninterrupted 


462 


\ 


t  'i 


I    I 


practico  from  tlic  organization  of  tho  gorornment.  Tlio  judiciary 
is  looked  to  as  tlio  only  autliontic  expounder  of  tho  Constitution, 
and  iiiitil  a  law  of  Conj^ress  lias  passed  that  ordeal,  its  constitutional- 
ity is  open  to  question  :  of  uliicli  our  history  furnishes  many  exam- 
ples  There  are  errors  in  some  of  tho  instances  given  by  our 

author,  which  would  materially  mislead,  if  not  corrected.     That  in 
relation  to  tho  Indians,  proceeds  upon  the  assumption  that  tho  Uni« 
ted  States  claimed  some  rights  over  Indians  or  tho  Territory  occu- 
pied by  them,  Inconsistent  with  tho  claims  of  tho  States.     But  this 
is  a  mistake.     As  to  their  lands,  tho  United  States  never  pretended 
to  any  right  in  them,  except  such  as  was  granted  by  the  cessions  of 
tho  States.  The  principle  universally  acknowledged  in  the  Courts  of 
the   United  States   and  of  the  several   States,  is,  that  by  the  treaty 
with  Great  Britain  in  which  the  Independence  of  tho  Colonies  was 
acknowledged,  the  States  became  severally  and  individually  inde- 
pendent, and  as  such,  succeeded  to  the  rights  of  the  Crown  of  Eng- 
land to  and  over  the  lands  within  the  boundaries  of  tho  respective 
States.     The  right  of  the  Crown  in  these  lands,  was  tho  absolute 
ownership,  subject  only  to  the  right  of  occupancy  by  the  Indians  so 
long  as  thsy  remained  a  tribe.     This  right  devolved  to  each   State 
by  the  treaty  which  established  their  independence,  and  the   United 
States  have  never  questioned   it.     See  Gth  Cranch,  87  ;  8lh  Whea- 
ton,  592,  884  ;    17th  John's  Reports,  231.     On  the  other  hand,  the 
right  of  holding  treaties  with  the  Indians,  has  universally  been  con- 
ceded to  the  United  States.     The  riglit  of  a  State  to  the  lands  occu- 
pied by  the  Indians,  within  the  boundaries  of  such  State,  does  not  in 
the  least  conflict  with  the  right  of  holding  treaties  on  national  sub- 
jects, by  the  United  States  with  those  Indians.     With  respect  to  In- 
dians residing  in  any  territory  ivithout  the  boundaries  of  any  State, 
or  on  lands  ceded  to  the  United  States,  the  case  is  diflerent ;  tho 
United  States  are  in  such  cases  the  proprietors  of  the  soil,  subject  to 
the  Indian  right  of  occupancy,  and  when  that  right  is  extinguished 
the  proprietorship  becomes  absolute.     It  will  be  seen,  then,  that  in 
relation  to  the  Indians  and  their  lands,  no  question  could  arise  re- 
specting the  interpretation   of  the   Constitution.     The  observation 
that  *'  as  soon  as  an  Indian  tribe  attempted  to  fix  its  dwelling  upon  a 
given  spot,  the  adjacent  States  claimed  possession  of  the  lands,  and 


K.! 


4G3 


riio  jiiJiciary 
Constitution, 
:onstitutlonal- 
niany  cxam- 
givon  by  our 
ted.     That  in 
that  the  Uni- 
criitory  occu- 
tcs.     But  this 
vcr  protended 
lic  cessions  of 
I  tlie  Courts  of 
by  the  treaty 
Colonies  was 
vidually  inde- 
rown  of  Eng- 
thc  respective 
tho  absohito 
the  Indians  so 
to  each   State 
d  the   United 
'  ;  8ih  W hea- 
ther hand,  tiic 
lly  been  con- 
le  lands  occu- 
tc,  does  not  in 
national  sub- 
respect  to  In- 
of  any  State, 
diflcrcnt ;  the 
soil,  subject  to 
extinguished 
,  then,  that  in 
uld  arise  re- 
le  observation 
veiling  upon  a 
he  lands,  and 


tho  rights  of  sovereignty  over  tho  natives" — is  a  strango  compound 
of  error  and  of  truth.  As  above  remarked,  the  Indian  right  of  oc- 
cupancy has  ever  been  recognised  by  the  Stat(;s,  with  the  exception 
of  tho  case  referred  to  by  tho  author,  in  which  (jeorgia  claimed  tho 
right  to  possess  certain  lands  occupied  by  the  Cherokees.  This  was 
anomalous,  and  grew  out  of  treaties  and  cessions,  tho  details  of  which 
aro  too  numerous  and  complicated  for  the  limits  of  a  note.  But  iu 
no  other  cases  have  tho  States  over  claimed  the  possession  of  lands 
occupied  by  Indians,  without  having  previously  extinguished  their 
right  by  purchase. 

As  to  tho  rights  of  sovereignly  over  tho  natives,  the  principle  ad- 
mitted in  the  United  States  is,  that  all  persons  within  tho  territorial 
limits  of  a  State  aro  and  of  necessity  must  be,  subject  to  the  jurisdic- 
tion of  its  laws.  While  the  Indian  tribes  were  numerous,  distinct 
and  separate  from  the  whites,  and  possessed  a  government  of  their 
own,  tho  Slate  authorities  from  considerations  of  policy,  abstained 
from  the  exercise  of  criminal  jurisdiction  for  ofl'ences  committed  by 
the  Indians  among  tliemselves,  although  for  ofl'ences  against  tho 
whites,  they  were  subjected  to  tho  operation  of  the  State  laws.  But 
as  these  tribes  diminished  in  numbers,  as  those  who  remained  among 
them  became  enervated  by  bad  habits,  and  ceased  to  exercise  any 
efleclual  government,  humanity  demanded  that  tho  power  of  the 
States  should  be  interposed  to  protect  the  miserable  remnants  from 
the  violence  and  outrage  of  each  other.  The  first  recorded  instance 
of  interposition  in  such  a  case,  was  in  1821,  when  an  Indian  of  the 
Seneca  tribe  in  the  Stato  of  New  York  was  tried  and  convicted  of 
murder  on  a  squaw  of  the  tribe.  The  courts  declared  their  compe- 
tency to  take  cognizance  of  such  offences,  and  the  Legislature  con- 
firmed the  declarations  by  a  law. Another  instance  of  what  the 

author  calls  interpretation  of  the  Constitution  against  the  general 
government,  is  given  by  him  in  the  proposed  act  of  1832  which  pass- 
ed both  houses  of  Congress,  but  was  vetoed  by  tho  President,  by 
which,  as  he  says,  "  the  greatest  part  of  the  revenue  derived  from 
tho  sale  of  lands,  was  made  over  to  the  new  western  republics."  But 
this  act  was  not  founded  on  any  doubt  of  tho  title  of  the  United  States 
to  the  lands  in  question,  nor  of  its  constitutional  power  over  them, 
and  cannot  be  cited  as  any  evidence  of  the  interpretation  of  the  Con- 


464 

stitution.  An  error  of  fact  in  this  statement  ought  to  be  corrected. 
The  bill  to  which  the  author  refers,  is  doubtless  that  usually  called 
Mr.  Clay's  land  bill.  Instead  of  making  over  the  greatest  part  of 
the  revenue  to  the  new  States,  it  appropriated  12J  percent,  to  them, 
in  addition  to  5  per  cent,  which  had  been  originally  granted  for  the 
purpose  of  making  roads.     See  Niles'  Register,  vol.  42,  p.  355. 


ft]  11 

r  J 


NOTE  TO  PAGE  398. 

It  has  been  objected  by  an  American  review,  that  our  author  is 
mistaken  in  charging  our  laws  with  instability,  and  in  answer  to 
the  charge,  the  permanence  of  our  fundamental  political  institutions 
has  been  contrasted  with  the  revolutions  in  France.  But  the  objec- 
tion proceeds  upon  a  mistake  of  the  author's  meaning,  which  at  this 
page  is  very  clearly  expressed.  He  refers  to  the  instability  which 
modifies  secondary  laws,  and  not  to  that  which  shakes  the  founda- 
tions -f  the  Constitution.  The  distinction  is  equally  sound  and  phi- 
losophic, and  those  in  the  least  acquainted  with  the  history  of  our 
legislation,  must  bear  witness  to  the  truth  of  the  author's  remarks. 
The  frequent  revisions  of  the  Statutes  of  the  States,  rendered  neces- 
sary by  the  multitude,  variety,  and  often,  the  contradiction  of  the 
enactments,  furnishes  abundant  evidence  of  this  instability. 


NOTE  TO  PAGE  410. 


^ 


The  prophetic  accuracy  of  the  author,  in  relation  to  the  present 
actual  condition  of  Texas,  exhibits  the  sound  and  clear  perception 
with  which  he  surveyed  our  institutions  and  character. 


■ 


be  corrected, 
usually  called 
atest  part  of 
cent,  to  them, 
■anted  for  the 
2,  p.  355. 


our  author  is 
in  answer  to 
cal  institutions 
But  the  objec- 
l,  which  at  this 
stability  which 
3s  the  founda- 
sound  and  phi- 
history  of  our 
hor's  remarks, 
endered  ncces- 
idiction  of  the 
Jility. 


% 


to  the  present 
ear  perception 


